We use cookies on to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information.

TERMS OF USE FOR BENJAMIN’S INTERNET AND MOBILE APPLICATIONS

General Agreement.

By using Benjamin Capital Partners, Inc. (BENJAMIN) websites and mobile applications (websites and mobile applications), you agree to these terms and conditions. Please do not use the websites, mobile applications or join to the waitlist if you do not agree with these terms and conditions. We may change these terms and conditions and the changes will be posted on this website.

Benjamin Capital Partners, Inc is a financial technology company and not a bank. Banking services provided by sponsor bank.; Member FDIC. The Benjamin Capital Partners Inc VISA® Debit Card is issued by sponsor bank pursuant to a license from VISA U.S.A. Inc. and may be used everywhere VISA Debit Cards are accepted.

Changes

We may from time to time modify, amend or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use the App and Services after such Modifications are posted, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use and uninstall the App and cease using the Services.

You understand and agree that we may change or discontinue the App or Services, or change or remove functionality of the App or Services any time at our sole discretion. Further, you acknowledge and agree that we shall determine the means, manner, and method for performing the Services. YOU AGREE THAT WE CAN SEND UPDATES TO THE APP DIRECTLY TO YOUR MOBILE DEVICE.


Social Responsibility.

You may not post objectionable or offensive content to the website or mobile applications, misuse of any information posted to a site, misuse passwords, or use legally protected systems and third-party content without proper authorization.

Information Sharing. 

BENJAMIN may disclose and transfer any information that you provide through this website or mobile applications to: (i) [partner bank], and any of our authorized agents or service providers; (ii) any person or entity with your consent; or (iii) if we have a duty or are permitted or compelled by law to disclose such information. You consent the transmission, transfer or processing of the information you provide on the website and mobile applications to any country. We may monitor, track and record your interactions, patterns, access devices, Internet Protocol addresses, or characteristics when you use this website and the mobile applications and, by your use of this website and the mobile applications, you expressly consent to such monitoring, tracking and recording.

Disruption of Service.

Access to the website or the mobile applications may be unavailable, delayed, limited or slowed due to, among other things:

Hardware failure, including failures of computers, servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment

Software failure, including bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content

Overload of system capacities

Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of god, accident, fire, water damage, explosion, mechanical breakdown or natural disasters, interruption of power supplies or other utility of service, strike or other stoppage of labor, governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention

Any other cause beyond the control of BENJAMIN.

Links to other Sites.

 BENJAMIN provides links to non-BENJAMIN websites for information on topics that may be useful to the you. BENJAMIN does not control the content of non-BENJAMIN websites. If you link to a website not controlled by BENJAMIN, BENJAMIN makes no warranties, either express or implied, concerning the content of the site, including the accuracy, completeness, reliability or suitability for any particular purpose. Furthermore, BENJAMIN does not warrant that the non-BENJAMIN site is free from viruses or other contamination. You should not infer that links to non-BENJAMIN sites imply any endorsement of or responsibility for the opinions, ideas, products, representations, information or services provided at these sites.

Use of Cookies.

BENJAMIN uses cookies to ensure that we give you the best experience on our website or mobile applications. If you continue to use our website and mobile applications without changing the settings on your web browser, we will assume that you have authorized us to receive cookies on the BENJAMIN website and mobile applications. You may, however, change your cookies settings at any time, but you may not be able to access the website or mobile applications, or the performance of the website or mobile application may not be optimal.

Access to Accounts that are Not Yours.

If you use BENJAMIN’s website, mobile applications, or systems to access data related to any account(s) of which you are not the owner or authorized user as reflected in BENJAMIN’s records and systems, you will indemnify, defend, and hold harmless BENJAMIN, and all of its officers, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such unauthorized access, including the cost and expenses of investigation and analysis, correction or restoration of any destroyed, lost or altered data, losses associated with a data breach of the system(s) of any person or entity with whom you provided or shared BENJAMIN customer account data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related costs. Any exercise of BENJAMIN’s rights to indemnification shall be without prejudice to other rights and remedies in law or equity. You agree to this indemnity by accessing account data through BENJAMIN’s website or systems, notwithstanding the terms of any agreement you have with a customer or an account owner stating otherwise.

Website and Mobile Application Content and Materials.

The information on the website and mobile applications are for information purposes only and BENJAMIN does not warrant its completeness, timeliness or accuracy. BENJAMIN may, without advance notice, change the terms and conditions of access to and use of information and materials on the website and the mobile applications. The products and services promoted in this website and the mobile applications, including any associated fees, charges, interest rates, and balance requirements, may differ depending upon the geographic locations. Not all products and services are offered in all states. Certain portions or pages of the website and mobile applications are subject to additional disclosures and disclaimers. By using this website and mobile applications, you will not engage in any activity related to the website and mobile applications that is contrary to applicable law, regulation or the terms of any agreements you may have with BENJAMIN. You agree to limit access to your password or other identifying information to authorized individuals. BENJAMIN may discontinue or make changes in the information, products or services described herein at any time without prior notice to you. Any dated information is published as of its date only. BENJAMIN may terminate any website or mobile application offerings or transmissions without prior notice to you.

Sanctioned Countries.

You agree not to attempt to log on to the website or any mobile application from any country sanctioned by the Office of Foreign Assets Control (OFAC) of the U.S. Department of the Treasury (Treasury). See, Countries Under OFAC Sanctions from the Treasury website. We may block, restrict, or terminate your access to the website or the mobile applications if you attempt to log on to the website or mobile application from an OFAC sanctioned country.

Copyright Protections.

 he works of authorship contained in the BENJAMIN website and mobile applications, including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by BENJAMIN. Except as otherwise expressly stated herein, you may not copy, transmit, display, perform, distribute, license, alter, frame, store for subsequent use, or otherwise use in any manner such works of authorship without BENJAMIN's prior written consent, except to the extent permitted by the copyright act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of BENJAMIN's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded

Trademark Protections.

BENJAMIN and the stylized BENJAMIN logo are the marketing names for the retail financial services activities of BENJAMIN in the United States. Other featured words or symbols, used to identify the source of goods and services, maybe the trademarks of their respective owners.

Disclaimer of Warranties

We provide the Services and Content on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Benjamin does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the App or its content. To the fullest extent permitted by applicable law, Benjamin hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the App or Services are of satisfactory quality, non-infringing, is free of defects, or is able to operate on an uninterrupted basis, or that the use of the App or Services by you is in compliance with laws or that any information that you transmit in connection with the App or Services will be successfully, accurately or securely transmitted.

LIMITATION OF LIABILITY.

THE WEBSITE AND MOBILE APPLICATIONS (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS) ARE PROVIDED "AS IS" AND "AS AVAILABLE". BENJAMIN AND THIRD-PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE OR MOBILE APPLICATIONS AND DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND MOBILE APPLICATIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, BENJAMIN WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE OR THE MOBILE APPLICATIONS, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND THE MOBILE APPLICATIONS AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. BENJAMIN WILL NOT BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND BENJAMIN'S CONTROL. BENJAMIN AND THIRD-PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND MOBILE APPLICATIONS AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION.


BENJAMIN WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THIS WEBSITE AND THE MOBILE APPLICATIONS OR ANY PORTION THEREOF, REGARDLESS OF WHETHER BENJAMIN HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

Severability and Governing Law. If any provision of these terms of use are unenforceable, the remaining terms and provisions will be unimpaired. These terms of use are subject to other agreements you have entered into with BENJAMIN. The user's access to and use of the website and mobile applications, and the terms of this disclaimer, are governed by the laws of the state of New York.





Referral Competition Terms and Conditions

(Last updated: 27 March 2022)

The Referral Competition will run from until 31st of July 2022.

HOW TO ENTER:

  1. Sign-up for early access/waitlist and complete the process by verifying your email
  2. Refer a consumer or business to join with your unique link between 27 March and 30 July 2022.
  3. Once the person/business you have invited to the waitlist/early access list has verified their email and completed registration through your link you will earn one successful referral. You can check the number of people who have joined the early access/waitlist with your referral link either from the email you got when you signed or from the benjaminone.com website.
  4. There is no limit to the number of referrals you can make during the period. The more you make, the more you climb up the waitlist.

SELECTION PROCESS AND PRIZES:

1. After 10,000 sign-ups Benjamin Capital Partners, Inc will add a $1 fixed extra prize per person who completes the sign-up for early access/waitlist and a fixed extra prize of $10 for every business with a verified EIN that registers to the early access/waitlist.

2. Benjamin Capital Partners, Inc will put up a $50,000 initial cash reward for the prize pool. The Grand prize will increase by $1 per new qualified user sign up and $30 per qualified business sign up.

3. Prize Pool will not increase if the total number of persons on the waitlist doesn't exceed 10,000. If there are under 10,000 users on the waitlist on the final day of the campaign (30th of July) the total prize pool will be $50,000.

4. When the amount of people on the waitlist exceeds 10,000 the fixed extra prizes will be added to the total prize pool.

5. Two winners will be selected based on a random draw overseen by Benjamin Capital Partners, Inc representative. 

6.Those two randomly selected winners will each win a 5% prize of the total prize pool.

7. The top referrers will earn a percentage amount of the total prize pool as written below:

  1. 1st Most referrals - 30.00% of the total prize pool
  2. 2nd most referrals - 20.00% 
  3. 3rd most referrals  - 15.00%
  4. 4th most referrals  - 7.50%
  5. 5th most referrals  - 3.50%
  6. 6th most referrals - 2.75%
  7. 7th most referrals - 2.25%
  8. 8th most referrals - 2.00%
  9. 9th most referrals - 1.75%
  10. 10th most referrals - 1.50%
  11. 11th most referrals - 1.25%
  12. 12th most referrals - 1.00%
  13. 13th most referrals - 0.75%
  14. 14th most referrals -  0.50%
  15. 15th most referrals - 0.25%

8. The winner will be notified via email or call before the 15th of August 2022.

9. All the cash prizes will be paid into the Benjamin App checking accounts. Winners have to complete the signup process for Benjamin App, pass a KYC and create a free checking account before they are eligible to claim the prize. The payment schedule will be informed later to the winners.

10. No late entries will be accepted.

GENERAL TERMS AND CONDITIONS:

  1. The promoter of this competition is Benjamin Capital Partners, Inc (EIN. 87-4273946 ) (“Benjamin”). The competition is in no way sponsored, endorsed or administered by, or associated with the social media platforms utilized to promote the competition.
  2. By entering this competition, the entrant accepts the full terms, conditions, and rules of this competition and agrees to abide by these rules. As this competition is entered through Twitter, Tiktok, Facebook, Instagram, or any other social media platform, the entrant agrees that the applicable social media rules will also apply to their entry.
  3. The following persons are not eligible to receive the prize: a director, member, partner, employee, agent, or consultant to Benjamin Capital Partners, Inc, or any marketing service provider in respect of the promotional competition or any other person who directly or indirectly controls or is controlled by us or suppliers of goods or services in connection with this competition, or the spouse, life partner, parent, child, brother, sister, business partner or associate of such a person.
  4. Once the winners have been contacted, their details may be published on Benjamin Capital Partners, Inc's Twitter, Facebook, LinkedIn, and Instagram pages.
  5. All entrants agree that their name/s and/or photograph/s may be used in any promotional and/or advertising for the purposes of marketing, for which permission may be revoked at any time.
  6. Winners must be at least 18 years old and reside in the US or its territories to be eligible.
  7. Benjamin Capital Partners, Inc may require the winner to provide such additional information that may be reasonably required in order to process and facilitate their acceptance and/or use of a prize.
  8. If the winner fails to comply with any of these rules or the terms of acceptance of the prize, this will be construed as a rejection of the prize and then, without prejudice to any other remedy which Benjamin Capital Partners, Inc may have, the winner will be automatically disqualified and will forfeit the prize.
  9. Benjamin Capital Partners, Inc reserves the right to vary, postpone, suspend, or cancel the competition and any prizes (which have not yet been subject to a draw), or any aspect thereof, without notice at any time, for any reason which it reasonably deems necessary.
  10. By entering into the competition you may stand a chance to win a prize and there are no guarantees
  11. Benjamin Capital Partners, Inc will not be liable for any technical problems or any lost, delayed, or incorrectly received entries.
  12. Any violation or attempt to violate any of the above rules will result in the immediate disqualification of the transgressor.
  13. Benjamin Capital Partners, Inc disclaims liability however arising and the entrants hereby indemnify Benjamin Capital Partners, Inc and hold Benjamin Capital Partners, Inc and/or its subsidiaries (including directors, employees, members, independent contractors, agents, consultants, sub-contractors, and other representatives) harmless from any and all loss/damages that may be sustained directly/indirectly arising out of/pursuant to this competition or resulting from the acceptance of and/or possession of and/or use of the prize on offer, including but not limited to loss/damages arising out of/pursuant to personal injury, death, property damage and claims based on publicity rights, defamation and/or privacy rights.
  14. In the event of a dispute, the decision of the competition judges is final and binding and no correspondence will be entered into.
  15. These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the United States of America.

SIGN-UP BONUS FOR THE PEOPLE ON THE WAITLIST:

People who joined the waitlist have early access to Benjamin App and have access for a $15 sign-up bonus. To be eligible for a $15 sign-up bonus you have to complete the following steps: 

  1. Register to Benjamin Early Access/Waitlist before the last day of the campaign (30th of July)

When Benjamin App is released

  1. Download Benjamin App to your mobile device
  2. Complete the registration process to Benjamin App and use the same email address as you used to register the early access/waitlist
  3. Order free Benjamin physical or virtual debit card
  4. Spend $500 with Benjamin's virtual/physical card within the first 3 months of your sign-up. You will earn at least 1% cash back from every purchase before and after you have spent the $500. Spending the cash back you have earned will be counted as $500 total spending as well. 

The sign-up bonus can be earned once per new account.

Waitlist referrals don't give you rights to referral commissions.


Signing-up to the waitlist or early access list does not obligate you or your business to anything in the future.









Questions About Terms of Use

If you have any questions or concerns about this Terms of Use policy, please contact us at:

Benjamin Capital Partners Inc.

Email: support@benjaminone.com

This Terms of Use was last updated on February 17, 2022.