Terms of Service
Last Updated on February 28th, 2019. These terms and conditions are effective immediately for those registering accounts.
These terms and conditions (the "Terms") govern your access to and use of CloseDeal's websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with CloseDeal LLC, a Florida corporation headquartered in Hollywood, Florida ("CloseDeal"). Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to CloseDeal.
We refer to the “site” for our websites and apps indistinctively.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "CloseDeal Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than CloseDeal or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and CloseDeal Content.
DealCoin is the CloseDeal virtual currency used to make all transactions within members instantly and free. 100 DealCoins = USD$1.00. For other currencies the value may vary depending on the type of currency exchange source used. In any case, CloseDeal solely determines the value of the DealCoin.
We may reward you with “Reservation DealCoins” that you can use to make reservations. Besides that, Reservation DealCoins have no monetary value until converted in Earned DealCoins as explained below, so they cannot be used to pay for deals and cannot be transferred to other members.
“Earned DealCoins” are the DealCoins you receive as cashback when you close a deal or your referrals close an offer or a deal that you have shared. Earned DealCoins can be used to pay for anything anywhere DealCoins are accepted or can be transferred to other members. DealCoins that other members transfer to you are added to your Earned DealCoins.
The Wallet where we write all the transactions you have within CloseDeal. All transactions are in DealCoins.
Present Balance is the total amount of DelCoins that you can use to make reservations.
Reservation Deposits is the total amount of DelCoins that you have used to make reservations on deals that have not yet been closed. For each deal that you close, the reservation deposit will be Refunded to your Present Balance and you will earn equal amount of Earned DealCoins.
Available Balance is the total amount of DelCoins that you can use to pay or transfer.
2. CHANGES TO THE TERMS OF SERVICE
We may modify the Terms from time to time. You understand and agree that your access to or use of the Site is governed by the Terms effective at the time of your access to or use of the Site. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with CloseDeal, and any inconsistencies among the different versions will be resolved in favor of the English version.
4.USING THE SITE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site or closed your account. We may suspend or close your account if we find that you cheat, post content that we find inappropriate, create fake users or impersonate as other users.
b. Permission to Use the Site
We grant you permission to use the Site subject to the restrictions in these Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
c. Site Availability
The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
d. User Accounts
You can create an account without providing any private information to access our site. You can use a nickname as your username, optionally providing an e-mail address to which you have access that will allow you to recover your password.
If you want to send or receive DealCoin Transfers you will need to provide a name and last name, so people sending or receiving in connection with you will be able to confirm your identity.
Because we do not store your credit card numbers anywhere, not in your phone and neither at our servers and all transactions are encrypted, you may provide credit card and other payment methods information in order to make payments through our site with confidence.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to deactivate or close your account at any time for any or no reason and if this happens you will lose all your DealCoins.
Using someone else’s account without permission in your benefit may constitute a crime.
If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with CloseDeal.
e. Communications from CloseDeal and other Users
By creating an account, you agree to receive certain communications in connection with the Site. For example, you might receive compliments or friend requests from other Users. You will also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications from the link at the footer of the communication.
f. DealCoins Conversions Offer
Keep at least a 4 star rating and while this offer is available, CloseDeal will reward you by converting 100 Reservation DealCoins (RDC) into 100 Earned DealCoins (EDC) each time you accumulate a currency value equivalent to 2000 DealCoins in closed deals. CloseDeal may vary the exchange values in this offer or may stop this offer completely. In such case we will post here at least 10 days in advance to any changes.
g. Share Promo Code with your Favorite Merchant
Keep at least a 4 star rating and while this offer is available, if you share a Promo Code with any merchant you will be eligible to to earn Dealcoins (EDC) if the merchant used your promo code to take advantage of our New Merchant Sign Up promotion. You will receive 2000 Earned DealCoins once the merchant is Active in our network. CloseDeal may vary the values in this offer or may stop this offer completely. In such case we will post here at least 10 days in advance to any changes.
a. Responsibility for Your Content
You alone are responsible for Your Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by CloseDeal.
You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
b. Our Right to Use Your Content
We may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against CloseDeal and its users any claims and assertions of moral rights or attribution with respect to Your Content. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and CloseDeal, you own Your Content. We own the CloseDeal Content. You cannot use our content anywhere outside our site without our written permission.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You understand that we may disapprove your review and take any action we find appropriate to prevent you from recurring in a new violation of these Terms or any future update of these terms.
a. You agree to :
- Be respectful of others;
- Only write content related to the product, service or provider of the product or service you are writing the review.
- Be helpful and write content that is relevant, honest and based in your experience.
b. You also agree not to:
- Violate the Terms.
- Write fake reviews.
- Use content that is sexual, libelous, defamatory, harassing, threatening, or inflammatory.
- Use the review to redirect people to other website, other product, other service that competes with the product or service you are reviewing or outside CloseDeal.
- Promote a business or other commercial venture or event, or otherwise use the the Site for commercial purposes outside CloseDeal.
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
7. RESERVING AND CLOSING DEALS BONUS COUPONS
In order to earn DealCoins when you close a deal you first need to reserve the deal or purchase the deal. You can reserve the deal if your Present Balance is equal or greater than the DealCoins required to make the reservation, indicated in the offer.
When you close a deal your wallet will be credited in the amount indicated in the offer at the right of the price. Also Bonus DealCoins will accumulate in an exclusive account between you and the merchant, when a certain amount of DealCoins is accumulated you will receive a Bonus Coupon. Bonus DealCoins expire after 180 days. Bonus Coupons expire after 30 days.
8. PURCHASES THROUGH CLOSEDEAL
If your Available Balance is greater than the cost of the deal you intent to buy, you can use your Earned DealCoins to pay for the Deal.
If your Available Balance is insufficient to cover the cost of the deal(s) you intend to buy you can add a payment method.
Adding a Payment method
For your security, when you add a new payment method you will buy 100 DealCoins that will be added to your wallet balance. Your Credit Card company will send you an email about this purchase. You will have to wait 48 hours before you can use this payment method. With this method if your card was lost or stolen you have 48 hours to call your credit card company before the card can be used with CloseDeal.
For all your purchases offered through our platform you will not be paying directly to the merchant or service provider with your payment method, but instead you will be buying DealCoins from CloseDeal. Purchased DealCoins will be added to your Reservation Deposits and will be transferred to the merchant once you Close the Deal. If you cancel the deal before closing it, the DealCoins will be moved from your Reservation Deposits to your Wallet as Earned Dealcoins.
All payments in DealCoins are between you and the merchant or service provider and you exim CloseDeal from any liability.
You can cancel any deal that was closed and request the merchant to transfer back the DealCoins in the amount that you have previously used to pay for the deal you are cancelling.
You can use purchased DealCoins to make any purchase anywhere DealCoins are accepted.
For your security we will ask you to setup a PIN and every time you want to make a purchase using any of your payment methods we will ask you for this PIN. Do not write, share or save this PIN outside your mind. Keep this PIN private, only in your memory. This method ensures that only you will have access to purchase DealCoins through the payment methods added to CloseDeal.
If you lost your PIN, push the button RESET PIN to reset your PIN and remove all your payment methods from your device. If this ever happens you will need to setup your PIN and payment methods again. This method ensures that only you will have access to purchase DealCoins through the payment methods added to CloseDeal.
YOU CANNOT DISPUTE A PURCHASE OF DEALCOINS
You had 48 hours to call your credit card company and cancel your card in case it was lost or stolen. We have delivered the DealCoins, DealCoins are only of one quality, cannot be “defective” and you can use them to pay for anything anywhere DealCoins are accepted.
9. CANCELLING DEALS
IF YOU PAID THE MERCHANT WITH MONEY
As with any other regular transaction you will need to request the merchant for a refund, you decide how you receive that refund.
IF YOU USED DEALCOINS TO PAY FOR A DEAL
Request the merchant to transfer back the DealCoins in the total amount that you have previously used to pay for the deal you are cancelling or you can accept money, but is the Merchant who will decide how to refund you.
Any dispute arising from an offer advertised by a merchant using CloseDeal will be solely between you and the merchant.
Deal cancellation rules apply when you cancel a deal or let a deal expire.
We have a community of excellent human beings, we give you 5 (five) stars when you sign up for your account.
Merchants will rate you after every deal you create with them (Cancelling deals often may result in your rating being affected, as well as losing deal coins).
Relative Rating and how Deal Cancellation Rules Apply
If your rating is less than 1 lower than the merchant you created the deal with and you cancel the deal, you will recover 100% of your reservation deposit.
If your rating is at least 1 lower but less than 2 than the merchant you created the deal with and you cancel the deal, you will lose 50% of your reservation deposit.
If your rating is at least 2 full stars rating lower than the merchant you created the deal with and you cancel the deal, you will lose 100% of your reservation deposit.
In certain countries cashback and/or earned DealCoins may be subject to income and/or other taxes. Is the sole responsibility of the receiver of the cashback and/or DealCoins to report this income or price reduction to the tax collector.
11. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sub-license the Feedback, and you irrevocably waive, and cause to be waived, against CloseDeal and its users any claims and assertions of any moral rights contained in such Feedback.
12. THIRD PARTIES
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
You agree to indemnify, defend, and hold CloseDeal, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "CloseDeal Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. CloseDeal reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of CloseDeal. CloseDeal will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
14. DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE CloseDeal ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CloseDeal ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THE CloseDeal ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THE CloseDeal ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- THE CloseDeal ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, THE CloseDeal ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- THE CloseDeal ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE CloseDeal ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- THE CloseDeal ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE CloseDeal ENTITIES IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE CloseDeal ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
15. CHOICE OF LAW AND VENUE
Florida law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and CloseDeal (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN SAN FRANCISCO COUNTY, CALIFORNIA.
- We may close your account, suspend your ability to use certain portions of the Site, and/or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
17. GENERAL TERMS
- We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
- Except as otherwise stated in Section 10 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on CloseDeal's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with CloseDeal's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
We may update these Terms of Service.
From time to time we may change our Terms of Service. We will notify you of any material changes to our Terms of Service as required by law. We will also post an updated copy on our platform. Please check our platform periodically for updates.
Copyright © 2019 CloseDeal LLC, 615 North 21st Avenue, Hollywood, Florida 33020 U.S.A