By using the TheBrandBasket.com web site, all products and services (collectively, “Service”), provided by Brand Basket Media, LLC. (“Brand Basket”) and it’s subsidiaries, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Brand Basket reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, are subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://TheBrandBasket.com/terms-of-service.
Violation of any of the terms below will result in the termination of your Account. While Brand Basket prohibits such conduct and Content on the Service, you understand and agree that Brand Basket cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms
You must be 13 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
You are responsible for maintaining the security of your account and password. Brand Basket cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account and Service).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms
Design & setup fees are 100% refundable if account is canceled within 48 hours from the date of purchase and the design has NOT reached the approval stage ; after which the setup fees become non-refundable, whether you have approved the design or not.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Brand Basket will use commercially reasonable efforts to have the mobile app approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your mobile app is denied by the appropriate mobile platform provider, we will grant a refund equal to the cost of setup & design of the unapproved app.
One Time Payment Terms
Brand Basket’s online bill payment service is a secure and convenient way to pay your monthly Brand Basket bills. There is no additional fee for using this service, and it will save you time and the cost of a check and stamp. Please read these Terms of Service carefully. By accepting these Terms of Service, you authorize payment to Brand Basket from your credit card.
To activate your online payment option you must provide us with certain information about yourself. This information includes your name, credit card number, account numbers and other personal details. We use this information to ensure that the bill payment process occurs accurately and efficiently. If you do not wish to provide us with the required information, we will not be able to process online payments. You are responsible for the accuracy of all information provided. You shall not at any time provide us with information which is false, inaccurate, misleading, obsolete or deceptive. If we have reasonable grounds to believe that you have provided us with inaccurate information, we may choose not to proceed with the processing of your payment, and the relevant bill shall remain outstanding until paid by other means or until the online payment is resubmitted with correct and accurate information.
You realize that any failure by Brand Basket to process the payment for your Service does not relieve you from the responsibility for payment of your Service. In case of the payment processing failure you will be notified by email, specified in your profile. You understand that it is your responsibility to resubmit the payment by the due date. Please be advised that Brand Basket may disconnect your services due to no payment after the company has given you written notice of its intent to disconnect.
Brand Basket is not liable for erroneous bill statements or incorrect debits to my account. If an error in the bill statement should occur, Brand Basket will be responsible for correcting it if and when notified of this error.
These Terms of Service are not transferable and must be submitted electronically by the person authorized on the Brand Basket account.
By accepting these terms you authorize Brand Basket to charge the specified amount to the specified credit card; and you authorize the financial institution for the credit card, specified above, to charge your account and remit payment for your monthly premium services to Brand Basket. This authorization will remain effective until cancelled by the person authorized on the Brand Basket account.
Recurring Payments Terms
Brand Basket’s online bill payment service is a secure and convenient way to pay your monthly Brand Basket bills. There is no additional fee for using this service, and it will save you the cost of a check and stamp. Please read these Terms of Service carefully and by accepting these Terms of Service, you authorize automatic recurring payments to Brand Basket from your credit card.
To activate your online recurring payments option you must provide us with certain information about yourself. This information includes your name, credit card number, account numbers and other personal details. We use this information to ensure that the bill payment process occurs accurately and efficiently. If you do not wish to provide us with the required information, we will not be able to process online payments. You are responsible for the accuracy of all information provided. You shall not at any time provide us with information which is false, inaccurate, misleading, obsolete or deceptive. If we have reasonable grounds to believe that you have provided us with inaccurate information, we may choose not to proceed with the processing of your payment, and the relevant bills shall remain outstanding until paid by other means or until the online payment is resubmitted with correct and accurate information.
Brand Basket does not provide paper versions of your bill . Within 3 days of your billing due date of each month, an email notification will be sent to the email address in your profile notifying you of the upcoming recurring charge.
Automatic recurring payments will be made every 30 days for the amount of the current account balance. You will receive a post-payment confirmation email following the payment processing.
If the transaction is refused by the financial institution issuing your credit card for any reason, including closed or unauthorized account, Brand Basket will not be able to process your payment. Your Brand Basket account may be subject to additional charges if your payment is rejected, reversed or refused by this financial institution.
You realize that any failure by Brand Basket to process the payment for premium services does not relieve you from the responsibility of payment for your services. In the case of a payment processing failure, notification will be sent to the email address specified in your profile. You understand that it is your responsibility to resubmit the payment by the due date. Please be advised that Brand Basket may disconnect your services due to no payment after the company has given you written notice of its intent to disconnect.
If your electronic payment is rejected for any reason, Brand Basket has the right to charge a Rejected Payment Fee of $5.00 and may cancel your electronic payment option and to bill you in paper format. Following a rejected payment, Brand Basket may restrict your ability to use the chosen credit card for a period of time. We may permanently restrict your ability to use a certain credit card if it fails multiple times.
If you wish to cancel your automatic recurring payment option, please inform us by email ([email protected]) and then login into your Brand Basket online customer care account at https://TheBrandBasket.com/my-account, then select Cancel. Following the instructions to cancel your automatic recurring payments.
If you wish to reestablish your automatic recurring payment option, please contact us.
If you would like to change the credit card on file to be used for your automatic recurring payments, you must authorize the recurring payment with the new credit card account through the Online Customer Care account at http://TheBrandBasket.com/my-account. Select the “Change” option next to your Automatic Payment Status on the Billing/Payments page. Your previously approved automatic recurring payment option will be terminated and new credit card will go into effect.
Please note the following terms to which you agree:
- I will access electronic bills at http://TheBrandBasket.com/my-account. It is my responsibility to view my bill each month.
- I agree to promptly update my e-mail address with Brand Basket if it changes. I can reach Customer Service at (602) 730-4461.
- I understand and agree that Brand Basket is not liable for erroneous bill statements or incorrect debits to my account. If an error in the bill statement should occur, Brand Basket will be responsible for correcting it if and when I notify Brand Basket of this error.
- I understand and agree that while participating in this payment option, if my account is disconnected, my final bill must be paid by using an Brand Basket online payment option.
- These Terms of Service are not transferable and must be submitted electronically by the person authorized on the Brand Basket account.
By accepting these terms, you authorize Brand Basket to charge the full amount of your current account balance to the specified credit card; and you authorize the financial institution for the credit card, specified above, to charge your account and remit payment for your monthly services to Brand Basket. This authorization will remain effective until cancelled by the person authorized on the Brand Basket account.
Monthly Recurring Payments Schedule
The amount of time between a monthly billing interval is one month. This means 30 days for some months (April, June etc.), 31 days for others, and then 28 or 29 days for February. If a monthly subscription is created on the 15th of February, the next payment will be charged on the 15th March. If the billing interval for a subscription is every 2 months and it is created on the 15th of February, the next payment will be charged on the 15th April.
What about Service purchased on the last day of the month?
If Service is purchased on the last day of the month, recurring payments will continue to be charged on the last day of the month. For example, if a $59 / month package is purchased on the 31st December, its next 4 payments will be charged on:
31st January
28th February (or 29th February for a leap year)
31st March
30th April
What about recurring payments on the 29th or 30th day of the month?
This system will also be used if the day a payment is normally charged is not the last day of the month, but it is on the 29th or 30th day of the month, and the next payment is due in February, which has no 30th day (and no 29th day in non-leap years).
For example, if a $59 / month subscription is purchased on the 29th December 2012, it’s next 4 payments will be charged on:
29th January 2013- not the last day of the month
28th February 2013 – notice it has switched to the last day of the month as there is no 29th day in February when it is not a leap year
31st March 2013 (last day of the month)
30th April 2013 (last day of the month)
This logic ensures that a payment is made every month, and therefore, that one year includes 12 payments.
Suspension, Cancellation and Termination
You are solely responsible for properly requesting suspension or canceling your account.
Please contact us by phone or email if you seek account suspension for a limited time period. The Brand Basket can place your account on-hold for up to 45 days. After which , unless canceled, your account will be made active and payments will resume on the previous pay schedule.
Account cancellation requests submitted by phone or text, will not be honored. In order to cancel your account, you must notify us by email and then manually cancel your account inside of your account dashboard. Log in at TheBrandBasket.com and go to “My Account” to cancel. Cancellations by phone or text message, will not be considered valid. It is not our responsibility to ensure that your account has been cancelled if your request was made by any other means then those detailed here.
All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Brand Basket, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Brand Basket service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Brand Basket reserves the right to refuse service to anyone for any reason at any time.
Customer Support
The following Maintenance and Support Terms and Conditions (these “Support Terms”) apply to the Management Plan agreement entered into by and between the Customer and the Brand Basket.
1. DEFINITIONS
1.1. “Standard Support” means the Standard support level of Maintenance and Support as set out in Section 3.
1.2. “Gold Support” means the gold support level of Maintenance and Support as set out in Section 4.
1.3. “Issue” means a failure of the Software to substantially conform to the functional specifications set forth in the Documentation (as defined in the License Agreement entered into between Customer and Service Provider).
1.4. “Maintenance and Support” means the maintenance and support services to be provided by the Service Provider to the Customer in accordance with these Support Terms.
1.5. “Major Release” means, unless otherwise specified by Service Provider for a particular product, a release in which the version number to the left of the first decimal point increases (e.g., 2.1 to 3.1).
1.6. “Minor Release” means, unless otherwise specified by Service Provider for a particular product, a release of the Software in which the version number to the right of the first decimal point increases (e.g., 2.1 to 2.2).
1.7. “Platinum Support/Support” means the Platinum Support/support level of Maintenance and Support as set out in Section 5.
1.8. “Response Time” means the time period in which the assigned support resource shall provide Customer with an initial technical response as a result of an Issue reported by Customer.
1.9. “Support Level” means the specific level of Maintenance and Support (Standard Support, Gold Support (if available), or Platinum Support/Support) that has been selected by the Customer on the Quote.
1.10. “Software” means the certain software program(s) identified in the Quote.
1.11. “Term” has the same meaning as defined in the Quote.
1.12. “Updates” means service packs, patches, hot fixes, or workarounds for a particular version of the Software. “Updates”, includes Minor Releases but excludes any Major Releases or other releases of the Software or any other products that Service Provider, in its sole discretion, licenses separately for an additional fee. Major Releases will be provided according to the Support Level the Customer purchases from Service Provider. All Updates and Major Releases are licensed to Customer and subject to the terms and conditions of the License Agreement. If there is no such agreement, then the terms accompanying the Software will govern.
1.13. “Workaround” means a modification or “patch” for a particular version of the Software, which may be of a temporary or interim nature, to help cure or avoid an Issue.
2. MAINTENANCE AND SUPPORT SERVICES
In consideration of the Customer’s payment of the applicable fees related to the Management Plan Level, Brand Basket agrees to provide the Support Level of Maintenance and Support selected by the Customer in their account, for the duration of the Term, and solely for the Software.
100% Satisfaction Guarantee Terms
100% SATISFACTION GUARANTEE TERMS. If for whatever reason you are unsatisfied with your mobile app within the first 30 days of service after your final design approval, Brand Basket guarantees a one-time account review, at no additional charge, to resolve issues causing any dissatisfaction. During this review you may be offered tips/advice on using, managing and promoting your mobile app, and or additional services.
If for whatever reason you are still unsatisfied with your mobile app, you may cancel your plan, and receive a refund of your FULL (non-prorated) initial payment for ongoing services (monthly, biannual or annual). Design & setup fee is non-refundable. You MUST cancel your plan within the first month (30 days) of service after final design approval. – Notify us by email (su[email protected]) & then go to My Account to cancel.
This guarantee does not apply after a full month of service from the date of your final design approval has passed; and only applies after an account review with Brand Basket. If an account review is declined, your refund will be prorated.
In no event shall Brand Basket liability to you exceed the amount actually paid to Brand Basket by you during the preceding 12 months.
Affiliate Program
Qualifying products for commission may change from time to time. All qualifying products are listed and updated in your affiliate account.
In order for affiliates to receive credit for a purchase of a qualifying product, the purchase must be made within 72 hours of accessing TheBrandBasket.com through an affiliate link.
All referral & commission stats are available to be viewed from within your affiliate account.
You must have a Paypal.com account to participate in our affiliate program. All commissions are disbursed to each affiliates Paypal.com account upon completion and acceptance of purchase. Create a Paypal account.
We keep our affiliate system updated to the latest version as to prevent any interruption in tracking and commission disbursements. In the event of our system not tracking or disbursing as intended, we will notify you by email of the issue. Brand Basket does not assume responsibility, nor will we be held liable for any lost credits or disbursements due to system malfunctions.
You may cancel your affiliate plan at anytime by emailing us at [email protected]. Please use “Cancel Affiliate Account” as the subject.
By joining our affiliate program you agree to these terms of service.
Modifications to the Service, Commissions and Prices
Brand Basket reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including our affiliate program) with or without notice.
Brand Basket shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Brand Basket prices may change on an annual basis to keep our products and services competitive and cost effective. In this event you will be notified via email, to the email address on your account. At that time you may choose to continue your service at the modified rate, or cancel your plan.
From time to time, Brand Basket may issue an update to the Brand Basket application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although Brand Basket will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the Brand Basket application to create your mobile application, you agree to allow others to view and share your Content.
Brand Basket does not pre-screen Content, but Brand Basket and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The look and feel of the Service is protected by copyright, Brand Basket Media, LLC All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Brand Basket.
Brand Basket may make certain software/hardware available to you through the Service. If you download, pick-up, are delivered or otherwise use the software/hardware from the Service, the software/hardware, including all technology, files and images contained in or generated by the software/hardware, look and feel, function, HTML/CSS, programming/coding, visual design elements, and accompanying data are deemed to be licensed to you by Brand Basket, for your personal and noncommercial use only. Brand Basket does not transfer either the title or the intellectual property rights to the software/hardware, and Brand Basket retains full and complete title to the software/hardware as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the software/hardware, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the software/hardware to a human-perceivable form.
You grant Brand Basket a license to use the materials you post to the Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing user content to the Service, you are granting Brand Basket, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use user content in connection with the operation of Brand Basket, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat user content. You will not be compensated for any user content. By posting user content on the Service, you warrant and represent that you own the rights to the user content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute user content.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
All Brand Basket content included on its site, its software/hardware, and through the Service is the property of Brand Basket and is protected by U.S. and international intellectual property laws. All Brand Basket content, software, code, HTML/CSS, and visual design data is is copyright 2013 Brand Basket Media, LLC
General Conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only available via email. The technical support email address is [email protected].
You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
You understand that Brand Basket uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Brand Basket service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Brand Basket.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Brand Basket customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
Brand Basket does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Brand Basket shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Brand Basket has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Brand Basket to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Brand Basket and govern your use of the Service, superseding any prior agreements between you and Brand Basket (including, but not limited to, any prior versions of the Terms of Service).
You must agree with these terms in order to receive our services. If you do not agree with these terms, we will not be able to provide you with any of our Services and you may not request our Services or any modification to our terms.
By receiving any of our Services your are stating that you agree to the above terms.
Contact Us
Questions about the Terms of Service should be sent to [email protected].
Last updated: 31 Aug 2019
