Consumer Terms of Use and Privacy Policy

The purpose of this Agreement is to outline the relationship between PassMarket and any potential or active Consumer.

  1. Introductions – You have chosen to operate or operate in conjunction with PassMarket or one of PassMarket's white-labeled applications/mobile storefronts ("PassMarket", "we", "us", "our," "Service"). By using the PassMarket or any directly corresponding website you are agreeing to these Terms of Use. Your agreement with includes these Terms of Use ("Terms"). If you chose not to agree with these Terms of Use, do not sign or cosign this Agreement, or use PassMarket in any way.
    In order to use PassMarket, you need to (a) be 18 or older, or be 13 or older and have a parent or legal guardian's consent to these Terms, and (b) have the legal power to enter a binding contract with PassMarket and are not barred from doing so under any applicable laws.
    We do not intend to, and we will not knowingly collect personal information online from children under the age of 13, and we strongly encourage parents or legal guardians to participate in and monitor their children's online activity. If a child under 13 has provided personal information, a parent or guardian may inform us of that fact by contacting us using support@passmarket.com. If you are under the age of 13, do not provide us with any personal information directly, on any website bulletin boards, or by other means.
  2. Change to Agreements – Occasionally PassMarket may, in our discretion, make changes to the PassMarket Terms of Use. We deserve the right to do this at any time, for any reason, and after those changes are made, you are expressing and acknowledging your acceptance of the changes.
  3. Licenses and Agreements - All PassMarket trademarks, marks, trade names, logos, domain names, and any other features of the PassMarket brand are the sole and exclusive property of PassMarket and our white-labeled clients. This License does not grant you any rights to use the PassMarket trademarks, service marks, trade names, logos, domain names, or any other features of the PassMarket brand, whether for commercial or non-commercial use.
  4. Canadian Anti-Spam Law (CASL) – By creating an account with PassMarket and/or providing your phone number to a PassMarket Merchant you are accepting consent for CEMs from the Merchant and PassMarket Authorized Partner.
  5. Gift Cards Terms - PassMarket gift cards are redeemable only from the merchant directly offering the gift card. PassMarket is not directly responsible for acceptance of gift cards. Please refer to the following terms and definitions when operating in conjunction with PassMarket:
    • Redemption – You must contact the merchant about acceptance requirements of gift cards.
    • View Your Balance - PassMarket only provides the mechanism to view the balance of gift cards, which is connected to third party gift card providers. PassMarket is not responsible, in any way, for incorrect gift card balance amounts.
    • Returns - You may not return or cancel gift cards after purchase with PassMarket.
    • Lost or Stolen Gift Cards - If you suspect that someone has copied or stolen your gift card please contact the applicable for which you purchased your gift card. PassMarket is in no way responsible for any lost, misplace, incorrect, or stolen gift card or promotion item.
    • Limitations - You may not use, nor does PassMarket expressly or indirectly condone, the use of any gift card to purchase additional gift cards from PassMarket-related or non-affiliated third party vendors.
    • Our Policies - Gift cards purchased on PassMarket are subject to Third Party privacy policies. Any questions regarding privacy, or gift card terms of use must be directed to applicable Merchants or Third Party Providers.
    • Risk of Loss - Ownership and risk of loss of gift cards passes to the purchaser as the moment PassMarket sends confirmation to you, the recipient. PassMarket is in now way responsible for lost or stolen Gift Cards.
    • Reasons for Failed Delivery - If you have confirmed the recipient email address but the gift card has not been viewed within a reasonable period after the requested delivery date, following is a list of the most common suggested, but not exclusive, reasons why delivery may have failed:
      • Spam filter blocked email or routed it to a bulk/spam folder
      • Recipient's firewall blocked the email
      • Email inbox is over size limit
      • Invalid email address
      • Personalized Messaging - If you wish to add a personal message to an e-gift card, simply type your message in the Message field on the Gift Card preview. Personal messages are limited in length to the space provided on the e-gift card. There is no additional charge to include a personalized message. PassMarket does not read each individual gift message, but if PassMarket finds any message inappropriate, offensive or otherwise objectionable, for any reason, PassMarket wholly and exclusively reserves the right to cancel any gift card message or gift card.
  6. Third Party Applications - The PassMarket Service provides a platform for third party applications, websites and services to make products and services available to you that our white-label providers have asked to be a part of their mobile storefront. ("Third Party Applications"), and your use of these Third Party Applications or Websites is subject to their terms of use. You understand and agree that PassMarket is not responsible or liable for the behavior, features, or content of any Third Party Application or Website. A Third Party Application includes gift cards (listed above), online ordering, order ahead, Apple Pay, Chase Pay, Android Pay, Facebook, Twitter, etc.
  7. Consideration - In consideration for the rights granted to you under these Terms, you grant us the right: (a) to allow PassMarket to use the processor, bandwidth and storage hardware on your Device in order to facilitate the operation, (b) to provide advertising and any other PassMarket-related information to you.
  8. Privacy - We may access, collect, use, and disclose your information only in accordance with our Privacy Policy included in Exhibit A.
  9. HomeTermsTechnologyLimitations – PassMarket will make reasonable efforts to keep PassMarket operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. PassMarket reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of PassMarket, with or without notice, without liability to you for any interruption, modification, or discontinuation of PassMarket or any function or feature thereof. You understand and agree that PassMarket has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
  10. Term and Termination - These Terms will continue to apply to you until terminated by either you or PassMarket. PassMarket may terminate the Terms or suspend your access to PassMarket at any time, for any reason, including, but not limited to, the event of your actual or suspected unauthorized use of PassMarket or non-compliance with the Terms. If you or PassMarket terminate the Terms, or if PassMarket suspends your access to PassMarket for any reason, you agree that PassMarket shall have no liability or responsibility to you and PassMarket will be liable for any loss.
  11. Warranty - We endeavor to provide the best service we can, but you understand and agree that: PASSMARKET IS PROVIDED "AS IS", WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE PASSMARKET AT YOUR OWN RISK. PASSMARKET DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
    In addition, PassMarket does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, or any other product or service advertised or offered by a third party on or through PassMarket or any hyperlinked website. You understand and agree that PassMarket is not responsible or liable for any transaction between you and third-party providers of Third Party Applications or products or services advertised on or through PassMarket. No advice or information whether oral or in writing obtained by you from PassMarket shall create any warranty on behalf of PassMarket in this regard.
  12. Limitation - You agree that, to the extent permitted by any applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the PassMarket Service, the Third Party Applications or the Third Party Application content is to uninstall any PassMarket applications and to stop using PassMarket, the Third Party Applications or the Third Party Application content.
    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PASSMARKET, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USEPASSMARKET, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PASSMARKET HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO PASSMARKET, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT.
  13. Entire Agreement - These Agreements constitute all the terms and conditions agreed upon between you and PassMarket and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of the Agreements in any written or oral communication from you to PassMarket are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by PassMarket that are not contained in the Agreements.
  14. Enjoy – Please direct any feedback, questions, or support please email support@passmarket.com.

Exhibit A - Privacy Policy

This privacy policy governs your use of the software application PassMarket, created by iMobile3, ("Application") for mobile devices. The Application is designed primarily as a mobile storefront application that serves to acquire and retain loyal customers.

What Information Does the Application Obtain and How is it Used?

User Provided Information

The Application obtains any information you may provide when you download and register the Application. Registration with us is always optional. However, please keep in mind that you may not be able to use some of the features offered by the Application unless you register with us.

When you register with PassMarket and use the Application, you may provide: (a) your name, email address, age, user name, password and any other registration information; (b) transaction-related information, such as when purchase information, response to any offers, or application downloads; (c) information you provide us when you contact PassMarket for help; (d) credit card information for purchase and use of the Application, and/or; (e) information you enter into our system when using the Application, such as contact information and project management information.

We may also use the information you provided PassMarket, directly or indirectly, to contact your from time to time to provide you with important information, required notices, and marketing promotions.

Automatically Collected Information

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application.

Does the Application collect precise real time location information of the device?

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city or region you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application.

Do third parties see and/or have access to information obtained by the Application?

No. We will not share your information with third parties.

We may disclose User Provided and Automatically Collected Information:

  • as required by law, such as to comply with a subpoena, or similar legal processes;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.
  • if iMobile3 is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

What are my opt-out rights?

You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network. You can also request to opt-out via email, at support@passmarket.com.

Data Retention Policy, Managing Your Information

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain automatically collected information for up to 24 months and thereafter may store it in aggregate. If you'd like us to delete user provided data that you have provided via the Application, please contact us at support@passmarket.com, and we will respond as soon as is practicable. Please note that some or all of the User Provided Data may be required in order for the Application to function properly.

Children

We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@passmarket.com. We will delete such information from our files within a reasonable time.

Security

PassMarket is concerned about safeguarding the confidentiality of your information. PassMarket provides physical, electronic, and procedural safeguards to protect information we process and maintain. For example, PassMarket may limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although PassMarket may endeavor provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

Changes

This Privacy Policy may be updated from time to time for any reason. PassMarket will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.

Your Consent

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by PassMarket. "Processing" may mean using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States your information will be transferred, processed, and stored there under United States privacy standards.

Contact us

If you have any questions regarding privacy while using the Application, or have questions about PassMarket practices, please contact us via email at support@passmarket.com.