Terms of Use
1. Refundit App Terms of Use
Refundit (“Refundit”, “Company”, “we” or “us”) welcomes you to the Refundit mobile application (“App”). The App provides you with an easy and fully digital way to receive refunds for purchases you made of certain goods in countries where the Refundit service is available (respectively, “VAT Refunds” and the “Services”). For a list of supported countries please see refundit.tax/countries.html. Users of our App (“User” or “you”) may only use the App in accordance with the terms and conditions hereunder.
2. The Big Picture (in non-legal words)
The Refundit service is only offered for non-EU residents, in specific countries (as per the list in refundit.tax/countries.html), and within those countries in specific exit points (airports, sea ports, etc.). The service can only accept receipts from those specific countries and can only handle passengers leaving the EU directly to a non-EU destination. Receipts from nonparticipating countries will be automatically rejected without further notice, as well as passengers leaving the EU through non-supported exit points.
During your visit, while making purchases, you need to scan each receipt into the app, while still at the store, making sure the invoice is not associated with another tax-free service (meaning it is not stamped with the words “Tax Free”, marked with “Tax Free stickers”, etc.).
Once you finish your purchases, and at least 10 hours prior to the planned departure time of your outbound flight, you need to upload the VAT refund request, and provide us some additional information and documentation, such as a picture of your outbound boarding pass and passport and submit the request. Once a request is submitted, we will submit it on your behalf to the relevant tax & customs authorities and will do our utmost so that your refund request is approved. Please note that in order to use the app, you will need to check in online to your flight.
3. General Notes
“VAT refunds” – payments paid to you by the company in the sum of the vat paid by you for purchases of eligible goods made in supported countries, minus a 9% service fee, and subject to the terms stipulated herein. Any vat refund that you may receive from Refundit by using the services constitutes an actual vat refund from tax authorities.
Non-affiliation – Refundit is representing you in requesting the VAT refund, helps you in facilitating the refund request and is not affiliated with any tax authority. Confidentiality of information – all your information is kept strictly confidential. Any information you provide us by using the services, which is not required for the purpose of obtaining an approval of the VAT refund request, will not be transferred to any tax authority.
Non-guarantee – VAT refunds are provided at the sole discretion of the tax and/or customs authorities of the country from which you depart the EU, and we do not guarantee that you will be provided with the vat refund or any part thereof. The terms for qualifying for vat refunds are detailed in each country’s government and/or other website, so please read them carefully.
Usage – the app and the services (as defined below) are intended for use solely by individuals who reside in a non-EU country, be they EU or non-EU citizens. Individuals who reside in the EU are prohibited from using our app and/or services.
Communication – by using the app, you hereby agree and acknowledge that we may contact you by any means of communications that you may provide us with, such as e-mail and telephone, for the purpose of receiving your suggestions, comments and feedback with respect to the app and services. Such communications may include offers to participate in our surveys, study groups, interviews, etc. We thank you for your cooperation.
4. Acceptance of the Terms
By entering, connecting to, accessing, installing and/or downloading the App into your mobile device, you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy available at refundit.tax/privacy-policy (the “Privacy Policy” and collectively the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the App. You also acknowledge that these Terms constitute a binding and enforceable legal contract between Refundit and you.
YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE APP IN ANY MANNER, DO NOT INSTALL THE APP AND/OR PROMPTLY UNINSTALL THE APP FROM YOUR MOBILE DEVICE. Our App is available only to individuals who (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law.
5. The App
When making purchases, Value Added Tax (“VAT”) at the applicable rate will normally be included in the price you pay for the goods you purchase. Subject to these Terms and to the payment of a service fee of 9% of the refunded VAT (fees shall be deducted from such sum, as detailed below), by providing Refundit via the app with certain information (as further detailed below), including a photocopy of your passport, your outbound flight boarding pass and receipts of applicable purchases, we will submit on your behalf to the relevant tax and/or customs authority a request to refund the VAT paid by you for purchases of certain goods made in Refundit supported countries (“VAT Refund”).
Please note that: (i) Refundit shall request a VAT refund on your behalf and provide you with the refunded VAT, if such refund has been approved, with respect to goods purchased solely in a supported country; (ii) VAT Refunds shall be provided in accordance with the eligibility terms stipulated under Section 3 herein; and (iii) any information that you provide to us by using the Services will not be transferred to any tax authority, unless required for the purpose of approving the VAT refund request with relevant tax authorities.
The App may also provide you with comprehensive information regarding, inter-alia, Refundit’ services, including any other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the App, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Site (the “Content”).
The App may include the sending of push-notifications, messages, emails, alerts via various means of communication. You can deactivate the push-notifications at any time by changing the notification settings on your device.
6. Rights to Content
All rights in and to the content available on the app, are reserved to Refundit or its licensors.
7. Liability Limitation
The app and the content available therein are provided on an “as is” basis. Refundit will not be liable for any damages or loss incurred to you or any other person as a result of or in connection with your use of the app, the content and the services. Your use of the app, the services and/or the content is entirely at your own risk.
Refundit does not, either expressly or implicitly in any manner assume any responsibility for any loss, injury damages incurred as a result, or in connection with, the use of the service or any decision made, or action taken or not taken in reliance on the use of the service. We do not guarantee that any of the users’ needs will be fulfilled or that your VAT refund request, or any part thereof, will be approved.
8. 3rd Party Charges
In order to use the Refundit app, an internet connection is required, through a cellular network, WIFI connection, or by other means. You hereby acknowledge and agree that you may be charged for Internet, maintenance of network connection and data usage charges made through use of the App by your respective third-party internet and data usage service provider as may be from time to time. Please note that cellular roaming charges may be high.
9. VAT Refunds
The following terms shall apply to VAT Refunds:
- Receipts submitted to Refundit should have a minimum value which changes between countries – do note that although this changes between countries, in most cases several receipts from the same store cannot be combined to meet the minimal per-invoice value. Per country minimum invoice value is detailed in refundit.tax/invoice-value
- You may use the Service with no upfront payment. However, Refundit shall charge a service fee of nine percent (9%) of the refunded VAT, which shall be deducted from the amount paid to you (“Fee”). If no VAT refund is approved, no fee will be charged.
- For the purpose of receiving a VAT Refund, you must fill out our digital VAT Refund request form (“DVRR”) within the App, which requires that you provide information regarding your trip, the purchases you made during the trip, and information regarding your place of residence. Such information may include (a) your country of residence; (b) your full address, including street, city, country and postal code; (c) the country of your departure from the EU; (d) the dates of your arrival to and departure from the EU; (e) a photocopy of your passport; (f) a photocopy of your outbound flight boarding pass; and (f) photocopies of the tax receipts applicable to all purchases for which you are requesting a VAT Refund. Additional information may be required based on each country’s specific requirements for proving eligibility for a VAT refund. In addition, we may also ask you to voluntary provide additional information as part of the DVRR.
- Please note that invoices, receipts or tickets provided via the DVRR must be legal, comprehensive and properly photographed and must clearly indicate, among other things, the name of the shop, identification number of the shop, description of the items purchased, the VAT exclusive unit price, the discounts or price reductions, the quantity and nature of the goods supplied, the date on which the goods or services were supplied and the total unit price (including VAT). You hereby agree and acknowledge that without providing us clear, full and accurate details, as listed above (including clearly readable photocopies of your outbound flight boarding pass, tax receipts applicable to all purchases for which you are requesting a VAT Refund and passport), we will not be able to process your DVRR and provide the Service.
- DVRR will be accepted only if the photocopy of your outbound flight boarding pass clearly indicates that your request was submitted at least 10 hours prior to the scheduled departure time of your outbound flight. Refund Application Forms submitted less than 10 hours prior to the outbound departure time may not be processed.
- Only goods that could be carried in personal luggage and have not been used before leaving the EU are eligible for a VAT Refund. Any services or food items which were consumed within the EU are NOT eligible for a VAT Refund. EU member states may impose other limitations on items’ eligibility for a VAT refund, and Refundit will in turn impose these limitations when validating VAT refund requests. A VAT Refund will only be provided if products are exported from the EU and meet the relevant member states guidelines for approval of a VAT refund.
- Refundit will organize the VAT Refund to the maximum amount possible based on the information and documentation provided by you and in line with the legal entitlements and obligations within the tax law of the relevant EU member state. The decision whether to approve, partially approve or reject a request is at the sole discretion of the tax and/or customs authority of the relevant member state, and Refundit cannot and will not accept any responsibility for such a decision.
- In such cases in which a VAT refund request is partially or fully approved, we shall pay out the refund within a maximum of 30 business days of submission of your Refund Application Form via the App.
- According to EU regulations, VAT Refunds shall only be provided for purchases made a maximum of ninety (90) days prior to date of leaving the EU with respect to such purchases.
- Refundit will pay you the VAT Refund by any means which is available, and which may change from time to time at Refundit’s sole discretion, and without prior notice, but which may include a bank transfer, a credit card transfer, authorized thirdparty Online Payment Processors (e.g. PayPal, Yandex Pay), and may pay the VAT Refund in the Euro currency or in other currencies, at Refundit’s discretion. Please note that Refundit has no control over the fees charged locally by banks, credit card issuers or Online Payment Processors for cashing VAT Refunds or exchanging VAT Refunds to different currencies. Refundit will not be liable for any such changes and fees, any currency exchange rates or any time period that such banks, credit card issuers or Online Payment Processors take to transfer or exchange the VAT Refund.
- You agree not to use the Services for any commercial, business or re-sale purpose.
- You hereby agree and acknowledge that Refundit will decline to provide you the Services and/or VAT Refunds, in its sole discretion, if: (a) you provided information which is false, inaccurate, incorrect, insufficient or misleading in any way; (b) you have already received a VAT refund for the applicable goods; (c) Refundit believes that by using the Services, you have committed fraud or fraudulent misrepresentation; and/or (d) you have already applied for a refund for the applicable goods, either directly or through another person, natural or legal. For the avoidance of doubt, Refundit shall have no liability for VAT Refunds if any information provided by you is untrue, inaccurate, not current or incomplete.
10. Use Restrictions
There are certain conducts which are strictly prohibited when using the App. Please read the following restrictions carefully. Your failure to comply with any of the provisions set forth herein may result in the termination of your access to the App and may also expose you to civil and/or criminal liability.
Unless otherwise explicitly permitted under these Terms or in writing by Refundit, you may not (and you may not permit anyone to): (a) use the App and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the App and/or Content for non-personal or commercial purposes without the company’s express prior written consent; (c) remove or disassociate, from the Content and/or the App any restrictions and signs indicating proprietary rights of Refundit or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or disrupt the operation of the App or the servers or networks that host them, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (e) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your site, your business or any statement you make, or present false or inaccurate information about the App or our Service; (f) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our App’s infrastructure, as determined by us; (g) bypass any measures we may use to prevent or restrict access to the App; (h) copy, modify, alter, adapt, make available, distribute, translate, make derivative works, port, reverse engineer, decompile, or disassemble any portion of the Content and/or Refundit’s Intellectual Property (as defined below); (i) sublicense, sell, rent, transfer, lend, or make any commercial use of the App; (j) frame or mirror any part of the App; (k) create a database by systematically downloading and storing any data from the App; (l) transmit or otherwise make available in connection with the App any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; and/or (m) infringe and/or violate any of the Terms.
11. Registration and User Account
- In order to use the App and Service, you must download the App from the necessary mobile application marketplace, as well as register and create an account (the “Account”) by supplying a few personal details, as further detailed in our Privacy Policy.
- You may not have more than one (1) active Account and creating multiple Accounts with overlapping uses or in order to evade a suspension of your Account (as further detailed below) is not allowed.
- In order to protect the security of your Personal Information (as de fi ned in the Privacy Policy) available on your Account to the greatest extent possible, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. YOU ARE SOLELY AND FULLY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE PASSWORD AND ACCOUNT AN FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT.
- If we in good faith believe you have created an Account impersonating another person you may be expose to civil and/or criminal liability.
- You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Refundit. You must notify us immediately of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he/she has obtained from you or through a violation by you of these terms, or for any unauthorized use of your credentials or Account or any other breach of security.
- If you wish to cancel and remove your Account, please send us an e-mail of your request to: support@refundit.tax Your Account will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account see further details in the Privacy Policy). Note that you will be able to edit or remove, at any time, any information contained in your personal Account. CANCELLING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.
- Please note that cancelling your account does not delete information which was provided to us with regard to your VAT refund request(s), which is kept for a duration defined by European legislation and/or EU member states.
12. Online Payment Processors
VAT Refunds may be processed via certain online payment service providers (“Online Payment Processors”). We may add or change the Online Payment Processors at our sole discretion. The Online Payment Processors enable you to receive payments securely online using a credit card, debit card or bank account. We do not control and are not affiliated with such Online Payment Processors. These Online Payment Processors are independent contractors and have no employment or agency relationship with Refundit. Refundit is not responsible in any way for the actions or performance (or lack thereof) of the Online Payment Processors. The use of the Online Payment Processors is at your own risk. It is your responsibility to abide by all the terms specified by the Online Payment Processors in their terms of use and privacy policies. You acknowledge that you are fully assuming the risks of conducting any transactions via the Online Payment Processors.
13. Privacy Policy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the App. Our policy and practices and the type of information collected are described in detail in our Privacy Policy at refundit.tax/privacy-policy/, which is incorporated herein by reference. If you intend to connect to, access or use the App you must first read and agree to the Privacy Policy.
14. License
Subject to the terms hereof, Refundit hereby grants to you, and you accept, a personal, nonexclusive, non-commercial, nontransferable, non-sublicensable and fully revocable limited license (i) to download and use the App on your authorized mobile phone, or tablet that you own or control, solely for the limited purpose of using the App for your internal non-commercial use, and for no other purpose, strictly in accordance with the Terms, the applicable Usage Rules (as defined below) and applicable law; and (ii) to use the Service and the Content provided in the App in accordance with the terms contained in this Agreement. The Terms do not convey to you an interest in or to the Intellectual Property (defined below) but only a limited revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of the Company’s Intellectual Property under any law.
To the extent you provide any feedbacks, comments or suggestions to Refundit regarding the App (“Feedback”), Refundit shall have an exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into any of our current or future products, technologies or services and use such Feedback for any purpose all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.
15. Intellectual Property Rights
The App, the Content and the Company’s proprietary assets and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, service marks, copyrightable materials and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property”), are owned by and/or licensed to the Company and are protected by applicable copyright and other intellectual property laws and international conventions and treaties. All rights not expressly granted to you hereunder are reserved by the Company and its licensors.
16. Trademarks and Trade names
Refundit’ marks and logos and all other proprietary identifiers used by the Company and/or its third-party affiliates in connection with the Service (“Company Trademarks”) are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the App belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or Third Party Marks and therefore you will avoid using any of those marks.
17. Links to Third Parties’ Websites
Certain links may be provided within the App and permit you to leave the App and enter non-Refundit websites or services, which are provided solely as a convenience to you. Most of these linked websites and services are not under the control of Refundit and we are not responsible for the availability of such external websites or services and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained therein. In addition, Refundit is not responsible or liable for such linked websites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such websites and/or services and/or content and your dealings with such third parties are at your sole risk and expense. Refundit reserves the right to terminate any link at any time. You further acknowledge and agree that Refundit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked site or resource. Most of such linked websites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable, and we encourage you, to read such documents carefully before using those websites and services, inter alia, in order to know what kind of information about you is being collecting.
18. Usage Rules
Since you are downloading the App from a third party platform, service provider or distributor (“Platform Provider”) your use of the App may also be governed by usage rules which the Platform Provider may have established and which relate to your use of the App (“Usage Rules”). Certain Usage Rules are described below, but other Usage Rules may apply, and it is your responsibility to determine what other Usage Rules are applicable to your use of the App. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the App are incorporated herein by reference. In the event of a conflict between the Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the App, obligations, limitation of liability (to the extent applicable to the Platform Provider) and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the App. Any download and/or use of the App by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the App is expressly prohibited.
19. Apple Inc.
The following applies to you if you downloaded the App from the Apple App Store (“Licensed Application”): You acknowledge and agree that (i) the license granted herein is limited to a non-transferable license to use the Licensed Application on an Apple branded device that you own or control, (ii) these Terms are solely between you and the Company, not Apple Inc. (“Apple”), and that Apple has no responsibility for the Licensed Application or content thereof, (iii) your use of the Licensed Application must comply with Usage Rules established by Apple, as set forth in the App Store Terms of Service effective as of the date you enter into these Terms, except that such Licensed Application may be accessed and used by other accounts associated with you via Apple’s Family Sharing or volume purchasing; and (iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund you the purchase price you paid, if any, for the Licensed Application. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to the Company as provider of the App.
The Company and you acknowledge that the Company, and not Apple, is responsible for addressing any claims relating to the Licensed Application or your possession and/or use thereof, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
You acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use thereof infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
20. Export Control Laws
The App may be subject to Belgian export control laws and/or may be subject to additional export control laws applicable to the User or in the User’s jurisdiction, including, without limitation, the United States. The User agrees that he/she will not ship, transfer, or export the App into any country, or make available or use the App in any manner, prohibited by applicable laws. In addition, the User represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that the User is not listed on any U.S. Government list of prohibited or restricted parties.
21. Special Provisions Relating to Third Party Components
The App may use or include third party software, files and components that are subject to open source and third-party license terms (“Third Party Components”). Your right to use such Third-Party Components as part of, or in connection with the App is subject to any applicable acknowledgements and license terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third-Party Components and these Terms, the licensing terms of the Third-Party Components shall prevail in connection with the related Third-Party Components. These Terms do not apply to any Third-Party Components accompanying or contained in the App and Refundit disclaims all liability related thereto. You acknowledge that Refundit is not the author, owner or licensor of any Third-Party Components, and that Refundit makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third-Party Components. Under no circumstances shall the App or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source” or “publicly available” software.
22. Availability
The Services’ availability and functionality depends on various factors, such as communication networks. Refundit does not warrant or guarantee that the Service will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.
23. Changes to the App
Refundit reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this App (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this App may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that Refundit shall not be liable to you or to any third party for any modification, suspension, or discontinuation of this App or the Content included therein. You hereby agree that the Company is not responsible for any errors or malfunctions that may occur in connection with the performing of such changes.
Refundit has no obligation to provide upgrades or new releases of the App under these Terms. However, if Refundit supplies to you any updates, upgrades and any new versions of the App (“Updates”) according to its then current policies, it may include automatic updating or upgrading of the App with or without any additional notice to you and the Terms will govern any such Updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the App shall include such Updates.
24. Disclaimer of Warranties
To the fullest extent legally permissible, the app, the services and the content are provided on an “as is”, “with all faults” and “as available” basis, and Refundit, including its vendors, officers, shareholders, sub-contractors, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers (collectively, “Refundit representatives”), disclaim all warranties of any kind, express, implied or statutory, including but not limited to warranties of title or non-infringement or implied warranties of use, merchantability or fitness for a particular purpose and those arising from a course of dealing or usage of trade. You may have additional consumer rights under your local laws that this agreement cannot change.
We do not warrant (i) that the use and operation of the app and/or services and/or content is or will be secure, timely, accurate, complete, uninterrupted, without errors, or free of viruses, defects, worms, other harmful components or other program limitations, (ii) that Refundit will correct any errors or defects in the app, (iii) that the app will be interoperable or compatible with your mobile device, other software, hardware, or any equipment, and Refundit and Refundit’s representatives are not responsible for any losses suffered resulting from interoperability or compatibility problems, (iv) make any representation regarding the use, inability to use or operate, or the results of the use of the app, services and/or content available thereon or through the app (including that the results of using the app will meet your requirements). Refundit and Refundit’s representatives disclaim all warranties and conditions with regard to the use of the app, including but not limited to the availability, reliability or the quality of the app, and are not and shall not be responsible for any error, fault or mistake related to any content and information displayed within the app.
We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet such as slow connections, traffic congestion, overload of servers, delays or interruptions) or any telecommunications or internet providers.
You agree that use of the app and/or the content is entirely at your own risk.
In as much as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
25. Limitation of Liability
To the maximum extent legally permissible, in no event shall Refundit, including Refundit’s representatives be liable for any damages whatsoever, including, but not limited to, direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind, under any legal theory (including, without limitation, contract, negligence, tort or strict liability) (including without limitation, loss of goodwill, profits or data and business interruption) arising hereunder, resulting from or arising out of the app and/or the content your use or inability to use the app and/or the content and/or the failure of the app to perform as described or expected, or from the performance or failure of Refundit to perform under these terms, any other act or omission of Refundit or Refundit’s representatives, by any other cause whatsoever; or based upon breach of warranty, guarantee or condition, breach of contract, negligence, strict liability, tort, or any other legal theory, regardless of whether Refundit (or Refundit’s representatives) has been advised of the possibility of such damages.
In any case, without limiting the generality of the aforegoing and to the maximum extent legally permissible, Refundit and Refundit’s representatives’ total aggregate liability for all damages or losses whatsoever arising hereunder or in connection with your use or inability to use the app or the content shall be limited to the amount actually paid by you, if any, to Refundit for use of the app or $us1.00, whichever is greater. The limitation of liability provisions which apply to any responsibilities of the applicable platform provider are set forth in their applicable usage rules. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us and from Refundit’s representatives.
In as much as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.
26. Amendments to the Terms
Refundit may, in its sole discretion, change these Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the App and will send you an e-mail regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our App or sent via e-mail, whichever is the earlier. Otherwise, all other Changes to these Terms are effective as of the stated “Last Revised” and your continued use of the App on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.
27. Termination
At any time, Refundit may block your access to the App and/or temporarily or permanently limit your access to the App, in its sole discretion, in addition to any other remedies that may be available to Refundit under any applicable law. Such actions by Refundit may be taken, for example, if Refundit deems that you have breached any of these Terms in any manner. Additionally, Refundit may at any times, in its sole discretion, cease the operation of the App or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Refundit does not assume any responsibility with respect to, or in connection with the termination of the App’ operation and loss of any data. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the forgoing, the provisions of the Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
28. Minors
To use the Service, you must be over the age of eighteen (18). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of eighteen (18) are not using the Service. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Service, we will prohibit and block such User from accessing the Service and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such User.
29. General
(a) These Terms constitute the entire terms and conditions between you and Refundit relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company, (b) any claim relating to the App or the Content contained therein will be governed by and interpreted in accordance with the laws of the state Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied, (c) any dispute arising out of or related to the App will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel Aviv-Jaffa, Israel. You agree to waive all defences of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, Refundit may seek injunctive relief in any court of competent jurisdiction, (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto, (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof, (f) YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, (g) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein, (h) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification, (i) no amendment hereof will be binding unless in writing and signed by Refundit, and (j) the parties agree that all correspondence relating to these Terms shall be written in the English language.
If you have any questions or comments concerning the Terms,
you are most welcome to send us an e-mail to support@refundit.tax
and we will make an effort to reply within a reasonable timeframe.