TERMS OF USE FOR BENJAMIN’S INTERNET AND MOBILE APPLICATIONS

OVERVIEW

Benjamin Capital Partners, Inc (together with our affiliates, “Benjamin”, “we”, “our” or “us”) offers a website located at benjaminone.com (the “Benjamin Site”), and a platform and related products, services, content and features through web-based platform and mobile device applications, including iOS and Android applications (each, an “App,” and collectively the “Apps”), and social media pages (including Facebook, Instagram, Twitter, LinkedIn, YouTube and others).

To make these Terms a small bit easier to read, the Apps, together with any Benjamin Site and any Benjamin-controlled social media pages, are collectively called “the Services.” By downloading, visiting, browsing, or using the Services in any way, users (“user,” “you” or “your”) accept and agree to be bound by these Terms of Service (“Terms”), which form a binding agreement between you and Benjamin. If you do not wish to be bound by these Terms, you may not access or use the Services. Benjamin is a financial technology company and not a bank.

Benjamin is a financial technology company and not a bank. Banking services are provided by sponsor bank. Member FDIC.

CHANGES TO THESE TERMS AND THE SERVICES

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately on the date that they are posted to the Benjamin Site and/or otherwise made available through the Services, and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. Because we are always evolving the Services we may change or discontinue all or any part of the Services, at any time and without notice to you, in our sole discretion.

WHO MAY USE THE SERVICES

We may, in our sole discretion, refuse to offer the Services to any person or entity at any time.

You are solely responsible for ensuring that you comply with all laws, rules and regulations applicable to you in connection with your use of the Services. Users’ rights to access and use the Services are revoked where these Terms or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. You must be at least 18 years old or the age of legal majority in your jurisdiction of residence, to download, register with and/or use the Services.

UNDER NO CIRCUMSTANCES MAY ANY USER SOLICIT OR SUBMIT TO BENJAMIN OR THE SERVICES ANY PERSONAL INFORMATION FROM CHILDREN UNDER THE AGE OF 13. THE SERVICES ARE NOT INTENDED TO BE USED BY CHILDREN UNDER THE AGE OF 13.

LICENSE TO USE THE SERVICES

Subject to your compliance with these Terms, Benjamin grants you a limited, non-transferable, non-exclusive, revocable license to access and use the Services for your own personal, non-commercial purposes. This license includes the right to view Content (defined below) available on the Services. This license is personal to you and may not be assigned or sublicensed to anyone else.'

ACCOUNT AND REGISTRATION

Account Creation.

To enjoy full access to the Services, you must download the App and create an account. All information that you provide to Benjamin and to any third parties in connection with your use of the Services must be accurate and complete, including your name, address, credit, debit or charge card numbers and expiration dates, and any other payment information.

Account Updates.

You must notify us if any of your account information changes. If you fail to keep your account information up to date, we may suspend or terminate your account in our discretion.

Profile Information and Picture.

You may not use someone else’s name, or any name, location, other public profile information, or image in a manner that violates that party’s rights, is against the law, or that is offensive, obscene, or otherwise objectionable in Benjamin’s sole discretion. By using photos with the Services, you represent and warrant to Benjamin that you have taken the photos yourself, you own all copyright, intellectual property rights and other rights to the photos, or that you have received the express written permission from the all relevant rights holder(s). If other persons appear in the photos, you represent and warrant that you have received express permission from all such persons to take their photo and to publish the photo in the Services in accordance with these Terms. DO NOT PROVIDE ANY PHOTOS THAT CONTAIN THE IMAGE OF ANY MINORS UNDER 18 YEARS OLD.

Account Security. You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You may not allow others to use your account. You must safeguard the confidentiality of your password, and if you are using a device that others have access to, log out of your account after using the Services. If you become aware of unauthorized

access to your account, change your password and notify us immediately at support@benjaminone.com.

Account Deletion.

You may delete your account by contacting us using the contact information provided below.

BENJAMIN REWARDS PROGRAM.

Please review Benjamin’s Rewards Program Terms (the “Program Terms”) www.benjaminone.com . You hereby agree to the Program Terms, as the same may be revised from time-to-time in our sole discretion, with or without notice.

Definitions.

The following definitions apply to the Benjamin Rewards Program:

How does Card Linking Work?

Please note, you can only link eligible cards, and when a card is linked/enrolled/registered, your qualified transactions will be monitored (as discussed below).

Security

Transaction Data. We currently use Fidel and the Card Networks to monitor card transactions for your participation in the Benjamin Rewards Program. Your agreement to these Terms authorizes Fidel and the card networks to monitor the transactions made with your registered eligible payment cards at participating Benjamin merchants to confirm qualified transactions. The data collected from Fidel includes your registered card identifier, merchant location, transaction date/time and amount.

Transaction Monitoring.

By registering a payment card in connection with transaction monitoring, you authorize Benjamin to share your payment card information with the Card Networks so it knows you enrolled. You authorize the Card Networks to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for the Card Networks to share

such transaction details with Benjamin and participating merchants to enable your card-linked offer(s) and provide offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s).

Card Eligibility.

You acknowledge that the Card Networks may be unable to monitor every transaction made with your enrolled Visa, Mastercard and AMEX including PIN-based purchases on debit cards, purchases you initiate through identification technology that substitutes for a PIN, or transactions that are not processed or submitted through the Visa U.S.A. or MasterCard, AMEX payment systems, and that these transactions are not eligible. You may opt out of this monitoring at any time by selecting ‘Account’ from the home screen of your

Benjamin Rewards Program and deleting your registered card(s). If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be available for view or action on the Benjamin Program Rewards App.

Personal Data.

Note that in order to use the Benjamin Rewards Program and to claim rewards through the

Benjamin Rewards Program, you must link a valid credit card account using Plaid, Inc. (“Plaid”).

SUBSCRIPTION FEES; PAYMENTS TO THIRD PARTIES

[Benjamin does not charge you any subscription or other fees for use of the Services.]

In connection with your download and use of the Services, you do agree to pay all applicable fee(s), taxes and other charges owed by you to third parties for products and services made available to you through use of the Services. You may be asked to provide a payment method (such as a credit, charge or debit card number) in order to activate your account, along with other

payment information, to one of our third party payment processor(s). You authorize our payment processor to charge your payment method for any charges for products or services you purchase in connection with use of the Services.

TERM AND TERMINATION; ACCOUNT DELETION

Term.

These Terms begin on the date you first use the Services and continue as long as you have an account with us and/or continue to use the Services.

Termination and Content Removal.

Benjamin may, in Benjamin’s sole discretion, suspend, disable, or delete your account (or any part thereof), terminate your account, or block or remove any User Content (defined below) that you submitted, for any lawful reason, including if Benjamin determines that you have violated these Terms or that your conduct or User Content would tend to damage Benjamin’s reputation or goodwill. If Benjamin deletes your account or terminates your account, you may not re-register for or use the Services under any other user name or profile without the express written consent of Benjamin. Benjamin may block your access to the Services to prevent re-⁠registration.

Effect of Termination / Account Deletion.

Upon termination of these Terms all licenses granted by Benjamin will terminate. In the event of account deletion for any reason, User Content may no longer be available and Benjamin is not responsible for the deletion or loss of such User

Content.

USER CONTENT

For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio,

video, works of authorship of any kind, and information or other materials that are posted,

generated, provided or otherwise made available through the Services; and (ii) “User Content” means any content that users (including you) provide to be made available through the Services. Content includes, without limitation, User Content. Any User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User

Content. You represent that all User Content submitted by or on behalf of you is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. To the full extent permitted by law, we make no representations, warranties or guarantees with respect to any Content that you access on or through the Services.

As between you and Benjamin, you represent that you own (or have all rights necessary to grant Benjamin the rights below to) all User Content that you submit to the Services, and that Benjamin will not need to obtain licenses from any third party or pay royalties to any third partyin order to use such User Content. You grant Benjamin a worldwide, perpetual, irrevocable, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from your User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any so-called “moral rights” or rights of privacy or publicity in your User Content. You further grant all users of the Services permission to view your User Content for their personal, non-commercial purposes.

FEEDBACK AND SUGGESTIONS

Any communication or other material that you send to us, such as any questions, comments, feedback, suggestions, testimonials, or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, operating, developing, and improving the Services. As further described herein, you are solely responsible for all information you send to us, including, without limitation, its accuracy, truthfulness and non-infringement of any other party’s legal rights.

PRIVACY POLICY

Please review Benjamin’s Privacy Policy (the “Privacy Policy”) at www.benjaminone.com/privacy-policy which explains how we use information that you submit to us.

RIGHTS AND TERMS FOR APPS

Rights in Apps. Subject to your compliance with these Terms, Benjamin grants to you a limited, non-exclusive, non-transferable, revocable license to download and install a copy of any Apps offered by Benjamin on a mobile device that you own or control and to run a copy of the App(s) solely for your own personal, non-commercial purposes. You may not make copies of any App without Benjamin’s prior written consent. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on Apps; (ii) distribute, transfer, sublicense, lease, lend or rent Apps to any third party; (iii) reverse engineer, decompile or disassemble Apps; (iv) make the functionality of Apps available to multiple users through any means; or (v) otherwise sublicense Apps to any third parties in any manner. Benjamin reserves all rights in and to its Apps not expressly granted to you under these Terms.

Accessing Apps from the Apple App Store.

The following terms apply to any App accessed through or downloaded from the App Store made available by Apple Inc. (“Apple”) where the Apps may now or in the future be made available. You and Benjamin acknowledge and agree

that with respect to any App made available in Apple’s App Store:

You represent and warrant to Benjamin and to Apple that (i) you are 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; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

You must also comply with all applicable third-party terms of agreement when using any Apps,

for example, the terms of service of Benjamin’s hosting provider.

GENERAL PROHIBITIONS AND USER CONTENT STANDARDS

You agree not to do any of the following:

We reserve the right, but are not obligated, to remove or disable access to the Services and/or any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, determine that a user has violated these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Benjamin and its directors, officers, employees, and agents, from and against all claims, damages, losses and costs that arise from or relate to (i) your access to, or use or misuse of, the Services and/or Content, (ii) any User Content submitted by or on behalf of you, including with respect to any violation of any intellectual property or other right of any third party or (iii) your breach of these Terms. In addition, you shall defend, indemnify and hold harmless Benjamin and its officers, directors, shareholders, employees, the Payment Card Networks, Service Provider (Fidel) and suppliers from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of the terms of this Agreement relating to the Benjamin Rewards Program or any activity by you in relation to the Benjamin Rewards Program or your use of the Benjamin Rewards Program.

THIRD-PARTY LINKS

There may be links on the Services that let you leave the particular Services you are accessing in order to access a linked site that is operated by a third party. Benjamin neither controls nor endorses these sites, nor has Benjamin reviewed or approved the content that appears on them. Benjamin is not responsible for the legality, accuracy or inappropriate nature of any content,

advertising, products or other materials on or available from any such third-party sites. You acknowledge and agree that Benjamin is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access or use of any of the links, content, goods or services available on or through these third-party sites.

NO WARRANTIES

Benjamin reserves the right to modify the Services, including, but not limited to updating, adding to, enhancing, modifying, removing or altering any Content or features of the Services, at any time, in its sole discretion. You are responsible for providing your own access (e.g., computer, smart phone, mobile device, Internet connection, virtual or augmented reality headset, etc.) to the Services. Benjamin has the right but not the obligation to screen or monitor any Content and Benjamin does not guarantee that any Content available on the Services is suitable for all users or that it will continue to be available for any length of time.

THE SERVICES, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDEDTHROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE

PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BENJAMIN, THE PAYMENT CARD NETWORKS, AFFILIATES, AND THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. NEITHER BENJAMIN, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BENJAMIN, THE PAYMENT CARD NETWORKS, OR SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Without limiting the foregoing, Benjamin makes no representations or warranties:

LIMITATION OF LIABILITY

In the event of any problem with the Services and/or any Content, you agree that your sole remedy is to cease using the Services and Content. In no event shall Benjamin, the Payment Card Networks, affiliates, and third party providers, licensors, distributors, or suppliers (collectively, "Suppliers ") be liable to you for any amount exceeding $100, or for any special, indirect, incidental, consequential, punitive or exemplary damages, or any other damages whatsoever, resulting from the use of the Services (or with the delay or inability to use the Services) or any Content or otherwise arising out of using the Services and Content, whether under a theory of breach of contract, tort, strict liability, negligence, or otherwise, even if such party has been advised of the possibility of such damages. If you live in a jurisdiction that does not allow the exclusion or limitation of liability for consequential or similar damages, the above limitation does not apply to you. To the extent that one or any aspect of the limitations set out above does not apply, all remaining aspects survive. The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Benjamin and you.

INTELLECTUAL PROPERTY

The Services, its software, features and functionality, and all of Benjamin’s Content, including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by Benjamin or its licensors, as the case may be, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. As between you and Benjamin, Benjamin owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Services. Unless otherwise specified, copying or modifying any Content or using Content for any purpose other than your personal, non-commercial use of the Services, including use of any such Content on any other website or networked computer environment, is strictly prohibited.

The Benjamin name, logos and affiliated properties, designs and marks are the exclusive property of Benjamin, whether registered or unregistered, and may not be used in connection with any product or service that is not ours, or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or other intellectual property without our express prior written consent.

Any other trademarks appearing on the Services are trademarks of Benjamin or their respective owners. Our partners or service providers may also have additional proprietary rights in certain Content that they make available through the Services. All rights not expressly granted in these Terms are reserved by Benjamin.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of the State of New York, United States of America,

without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES

Headings are for convenience only and shall not be used to construe these Terms. If any portion of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that portion will be enforced to the maximum extent permissible and otherwise severed from these Terms. No failure or delay by Benjamin in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in

writing and signed by a duly authorized representative of Benjamin. Benjamin’s rights and remedies hereunder are cumulative and not exclusive.

SUCCESSORS; ASSIGNMENT; NO THIRD-PARTY BENEFICIARIES

These Terms are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign or transfer these Terms without Benjamin’s prior written consent. Benjamin may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you. The Services are offered only for your personal, non-commercial use, and not for the use

or benefit of any third party.

NOTICES

You consent to electronic delivery for all notices, agreements, disclosures, or other information from Benjamin. Benjamin may communicate with you by email or by posting notices to you through the Services. For support-related inquiries, you may email support@benjaminone.com.

For all other notices to Benjamin, write to the following address: support@benjaminone.com.

Nothing in these Terms or otherwise limits Benjamin’s right to object to subpoenas, claims, or other demands.

ENTIRE AGREEMENT; MODIFICATION

These Terms represent the entire understanding between Benjamin and you regarding the Services and/or Content and supersede all prior agreements and understandings regarding the same. These Terms cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the other provisions of these Terms will remain in full force and effect. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors and permitted assigns. We and you are not partners, joint venturers, agents, employees or representatives of the other party.

FORCE MAJEURE

Neither you nor Benjamin shall be liable for any failure or delay in performance under these Terms for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God,” acts of government, flood, fire, civil unrest, acts of terror, pandemics and epidemics, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility.

NOTICE TO INTERNATIONAL USERS

The Services are operated from the United States and international users of the Services agree to be subject to applicable laws in the United States as set forth in the GOVERNING LAW AND JURISDICTION section above. Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.

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.






Referral Competition Terms and Conditions

The Referral Competition will run until the Benjamin App with banking features is launched.

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 27th of March until the announcement of closing the competition. The competition will be closed when the Benjamin banking app will be ready and users are able to create checking accounts. Competition can be also closed on the specific date. The date will be announced 7 days prior the closing of the competition.
  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.

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 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 after the campaign.

9. All the cash prizes will be paid into the Benjamin Banking 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

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. You can withdrawal your sign up bonus when your total earned cash back amount and sign up bonus are in total more than $25.

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.


Referral commissions and referral bonus:

How do I get a Referral Bonus?

1. Invite someone with your own referral link

2. The person you invited joins trough your referral link and enters your referral code during sign up process

3. You will each (inviter and the one who got invited) get $15 referral bonus when the person you invited makes qualifying purchases worth of at least $1,000 within the first 90 days of opening an Benjamin account with linked credit/debit card.



Cash back and Referral Rewards Redemptions and Minimum Rewards Level

Once you have accumulated at least Twenty-Five Dollars (US $25.00) in Rewards in your Benjamin account (the “Minimum Withdraw Amount”), you may elect to have Benjamin distribute your Rewards via one or more of the available distribution options as shown in the Benjamin mobile app.

The available distribution options are subject to change without notice to you, in accordance with these Terms, and you have no vested right to any particular form or method of distribution. You may not Redeem any Rewards, and you may not obtain any cash, money, or anything of value in exchange for your Rewards prior to reaching the Minimum Distribution Amount, or if subsequently your Rewards fall below the Minimum Distribution Amount, for as long as your Rewards remain below the Minimum Distribution Amount. For each distribution option made available by Benjamin to you through the Service, Benjamin displays to you within the Benjamin mobile app the Minimum Distribution Amount at any given time, in which case that Minimum Distribution Amount will apply. The Minimum Distribution Amount is subject to change by Benjamin at any time. Benjamin may, at its sole discretion, limit the amount of Rewards that you can distribute in any given period of time or for any particular transaction. If you elect to close your Benjamin account and you have undistributed Rewards that meet or exceed the Minimum Distribution Amount, you will be expected to distribute such Rewards prior to closing your account, and you must distribute those Rewards even if this means you must distribute your Rewards in the payout option with the lowest minimum distribution amount. If your account is terminated by Benjamin, and if you fail to properly distribute your Rewards in accordance with these Terms when closing your account, or if at the time of closing you have less than the Minimum Distribution Amount in your account, any rights you have to the Rewards in your account will terminate and you will no longer be eligible to receive a distribution of such Rewards.

Taxes


Depending on applicable federal, state, and local tax laws, your distribution of Rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Rewards and you agree to provide Benjamin with information Benjamin requests in connection with applicable federal, state, and local tax laws. You are solely responsible for any tax liability (including fees, penalties or fines) incurred by Benjamin as a result of your action or inaction in connection with the foregoing (including your failure to provide Benjamin with information). You agree that Benjamin is authorized to offset such tax liability from your Rewards.

User Rewards Generally

Benjamin may make available to you from time to time through the Service offers on certain third-party products and services (each an “Offer”). When you transact through the Service, you will accumulate rewards in your Benjamin account (“Rewards”). Each Offer may be subject to Additional Terms and may be discontinued by Benjamin at any time without notice. At any time and in Benjamin sole discretion, Benjamin may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have earned Rewards; or (iii) adjust your Rewards total to accurately and fairly reflect the Rewards that you have actually earned. Benjamin may, in its sole discretion, deduct from your Benjamin account any Rewards that Benjamin determines you have not earned or you have earned in violation of these Terms. Prior to distribution, Rewards have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Rewards except as made available by Benjamin.

Rewards Ownership

Rewards provided by Benjamin are owned exclusively by Benjamin as a rebate on members transactions. The reward balance displayed to members in their Benjamin mobile application is a representation of the rebates funds allocated to you. Benjamin retains all rights to those funds and reserves the right to adjust the rewards balance at any time. Benjamin reserves the rights to hold or reclaim any rewards as listed in the members.


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 November 14th, 2022.


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