Last Updated: December 15, 2017
This Purchasing Agreement ("Agreement") is made by and between Port Payments Co., a Delaware corporation, with a principal place of business at 2401 Walnut Street, Suite 602, Philadelphia, PA 19103 ("Company," "Port," "We," "Us," or "Our"), and you, a person, organization or other entity ("You," "Your, " "Purchaser," "Buyer," or "Holder"). This Agreement sets forth the terms and conditions pursuant to which You may use Port’s Port services (the “Services”), available at https://sellwithport.com to access and purchase products from third party merchants (“Merchants”), including, without limitation, access to, or participation in subscription plans, facilities, goods, services and other activities (each, an "Offering"). Each product or Offering purchased hereunder is subject to the additional terms and/or restrictions that may be set forth by a Merchant with respect to such product or Offering. The parties, intending to be legally bound, hereby agree as follows:
BY MAKING ANY PURCHASES THROUGH THE SERVICES, YOU REPRESENT AND AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE TERMS OF SERVICE ("TOS") AND THE PRIVACY POLICY, EACH OF WHICH ARE INCORPORATED HEREIN BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, WE WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU WILL BE UNABLE TO ACCESS OR USE THE SERVICES OR Port’S PORT WEBSITE (https://sellwithport.com). WE RESERVE THE RIGHT TO DECLINE YOUR REQUEST FOR SERVICES FOR ANY REASON AND WITHOUT NOTICE.
The Services consider of: (i) accepting and processing Your on-line orders for the purchase of products and Offerings that are made available through the Services by a Merchant; and (ii) providing You with a confirmation number for Your transaction.
Each Merchant determines, in its sole discretion, any specifics relating to Your purchases of their products and Offering, including, without limitation, the pricing, availability, and refund availability. Merchant sales may be conducted exclusively through Us or in combination with other inventories from companies not associated with Us. Port exerts no control or authority over the Merchant or its prices, availability, refund availability, or any other companies that may be selling products or Offerings through Our Services.
Any purchases made through our Services are subject to a service charge, as shown prior to the time of Your purchase. Authorization of a refund is the sole responsibility of the Merchant.
Your order will be processed after Your billing address has been verified. You will receive confirmation that Your order was processed successfully via email shortly after the transaction is completed.
You represent and warrant that any credit or debit card or other billing information that You provide to Port is valid and accurate in all respects, and that, if any such information You have on file with us changes, You will immediately update Your information with valid and accurate information before requesting any additional transactions or incurring additional charges through Port. By providing payment card or other financial or payment account information to Port, You hereby authorize Us to charge or debit your payment card or other account for the face value of Your purchase, as well as any Fees or other charges (such as taxes) that may be due in connection with any transactions you request through Port. In the event that Port suffers a chargeback or any other monetary loss because of invalid financial or payment account information provided by You, or because of any other act or omission by You in violation of this Agreement or the TOS, Port shall be entitled to recover from You, in addition to any amounts otherwise owing, its reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
Merchants may impose limits on the number of purchases for each product or Offering sold through the Services. Each listing will contain the maximum number of purchases available to each purchaser, and this number will be verified for each transaction. This policy is intended to discourage other purchasers from engaging in unfair trade practices. If We learn that You are purchasing more than the authorized number of purchases for any product or Offering and are engaging in practices that We, in Our sole discretion, determine to be unfair, We will terminate Your account and cancel Your purchase without prior notice to You.
Before making a purchase through the Services, it is Your responsibility to carefully review all aspects of the specific product or Offering, applicable restrictions, if any (see the paragraph titled "Merchant Restrictions" for more information), dates, pricing, and charges. Except as specifically stated in the paragraph titled "Cancellations and Rescheduling," We will NOT issue any refunds or exchanges because You failed to review this information and We will not issue any refunds for any lost, stolen, destroyed, or damaged pass numbers or other proof of purchase, or as under any other circumstances except in the limited cases explicitly described in this Agreement.
If You do not receive an email confirmation of Your purchase after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with Us whether or not Your order has been placed by contacting Our customer support at the address provided below or emailing us at support@sellwithport.com. Only You may be aware of any problems that may occur during the purchase process. Port will not be responsible for such losses (whether monetary or otherwise). Orders are processed only after the relevant billing information has been verified.
If the applicable Merchant offers electronic pass number delivery, You will be able to print or download to Your personal electronic device Your pass number after Your order is processed. The pass number contains a unique bar code that corresponds to Your order and must be brought with You for redemption by the Merchant. Some Merchants will require physical pass number to redeem Your purchase. The physical pass number will either be shipped to You from Us or from the establishment where the Offering can be redeemed. Some Merchants will require You to proceed to a pre-defined location obtain Your pass number prior to redemption. Other Merchants will allow You to be redeem your pass number with additional confirmation information from You. All of this information will be displayed on the Merchant’s listing, so please read and review the Offering listing carefully.
You understand that You must bring a printed or digital pass number and/or the confirmation information with You to the Merchant for redemption. Additionally, while not all Merchants require identification, on some occasions, government-issued identification will be required by the Merchant. For this reason, We recommend that You bring a valid and current government-issued photo identification ("ID") with You to the Merchant’s establishment. There will only be a fixed number of redemptions per Offering as detailed by the Merchant’s listing. If there are multiple parties attempting to redeem the same pass number for the same Offering, only the first party that arrived with that pass number will have their purchase redeemed.
Some Merchants listed on Our website may have certain restrictions. For example, someMerchants will only redeem passes for people over twenty-one (21) years of age or must have a certain affiliation, such as being a student at a particular educational institution. It is Your responsibility to determine if a particular Merchant restriction applies to You (and Your party, if applicable) and to fulfill all criteria in order to redeem for a Merchant’s Offering. No refunds will be given if You are declined entry by a Merchant due to a restriction.
Occasionally, a product or Offering is cancelled or postponed by the Merchant due to unforeseen circumstances. In certain instances, We may also cancel a product or Offering due to problems with the Merchant or the applicable listing. If a product or Offering is cancelled, We may post a notice of cancellation on Our Website under the applicable listing promptly after We receive notice of the cancellation or otherwise attempt to notify You. If this happens, We will issue a refund as quickly as possible after We have notice of the cancellation. If You learn that a product or Offering is cancelled, or made unavailable to purchasers of that Offering, please contact Us at Our customer support address set forth below for information on receiving a refund. Please include Your name, the product or Merchant, and Your confirmation number.
Any refunds issued to You will be provided ONLY AFTER Our receipt of payment of the refunded amount from the Merchant. Any refund issued by Port will be applied to the credit or debit card or other payment account You used for such purchase; Port shall not be responsible if you fail to receive Your refund because your account information on file with Port is no longer valid or up-to-date. Port does not assume responsibility to make refunds to any person other than the person who ordered the product or Offering as shown by Our records, regardless of whether or not the product or Offering purchased by You have been transferred in accordance with this Agreement.
If a Merchant permits, Offerings purchased by You may be transferred to other parties. If you are purchasing Offerings for Yourself and on behalf of other parties, You, as the primaryOffering holder, may resell or transfer these Offerings to the other parties. It is Your sole responsibility to comply with any applicable federal, state, or local laws that relate to the resale, transfer, or other disposition such Offerings. You are solely responsible, as well, for ensuring that any transferees of Your Offerings are eligible for redemption by the Merchant and comply with any applicable restrictions for the Merchant’s establishment (e.g., age restrictions). Neither this Agreement nor the TOS is intended to create any third-party beneficiary rights for transferees of admission, and You agree to indemnify, defend and hold Port, its affiliates, and its and their respective officers, directors, shareholders, members, managers, employees, customers, suppliers, contractors, agents and representatives harmless from and against any and all claims, suits, complaints, actions, demands, proceedings, damages, losses, liabilities, costs and expenses incurred, suffered, brought, claimed, made or alleged by or on behalf of any transferees of products purchased, as well as any and all reasonable attorneys' fees and other costs or expenses incurred by Port or any of the other indemnified parties in connection therewith. We cannot guarantee the authenticity, validity and quality of, and provide no assurances with respect to, any products or Offerings purchased from a third party, which were originally sold through Our Services. There is a substantial risk that such products or Offerings are fraudulent and not valid.
By purchasing a subscription and providing or designating a payment method, You authorize us to charge you on a subscription fee at the then-current rate as defined by the Merchant. Merchants reserve the right to adjust pricing for subscriptions in any manner and at any time. Except as otherwise expressly provided for in this purchasing agreement, any price changes to your subscription will take effect following email notice to you.
You must provide us and keep us up to date with accurate contact and payment information, including name, billing address, shipping address, and credit or debit card number. Our payment processor stores credit card information ease of future charges. All such personal information is subject to the Privacy Policy. You are responsible for any fees or charges your issuing bank or credit card provider may charge You. If Your payment to us is returned for any reason, we may bill Your account again directly and seek payment by another method including a mailed statement.
All credit card or address updates must be made before a merchant defined notice period, as detailed on the Merchant’s listing, prior to the subscription renewal date (see "Your Subscription Contract" below for renewal date information) to ensure that your subscription is unaffected.
Prior to subscription renewal, Port will notify You, through email, with a notification of the pending charge. Upon successful charge, You will receive confirmation that Your order was processed successfully via email shortly after the transaction is completed (see “PAYMENT AND SERVICE CHARGES; Port FEE SCHEDULE POSTED ONLINE” above for additional information).
YOUR SUBSCRIPTION CONTRACT
BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OR Merchant DEFINED SUBSCRIPTION END. Your SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS, AT THE THEN CURRENT SUBSCRIPTION RATE UNTIL TERMINATED BY You OR THE Merchant. TO CANCEL Your SUBSCRIPTION AT ANY TIME, You MUST DO ONE OF THE FOLLOWING BEFORE THE Merchant DEFINED NOTICE PERIOD BEFORE YOUR NEXT SCHEDULED RENEWAL DATE TO AVOID CHARGE: LOG IN TO Your MANAGE MEMBERSHIP PAGE ACCESSIBLE THROUGH A LINK IN YOUR ORDER CONFIRMATION OR PENDING CHARGE NOTIFICATION EMAIL OR EMAIL SUPPORT AT INFO@SELLWITHPORT.COM. IF You CANCEL, You MAY USE Your SUBSCRIPTION UNTIL THE END OF Your THEN CURRENT SUBSCRIPTION TERM. We MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM You, UNTIL You PROVIDE PRIOR NOTICE THAT You HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD WITHIN THE Merchant DEFINED NOTICE REQUIREMENT.
IF You CANCEL Your SUBSCRIPTION, You WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. We AND THE Merchant RESERVE THE RIGHT TO REVOKE Your SUBSCRIPTION AT ANY TIME. MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
YOU UNDERSTAND AND ACKNOWLEDGE THAT Port IS NOT AN ORGANIZER OR OTHER PROMOTER OF ANY MERCHANTS OR PRODUCTS LISTED ON OUR SERVICES OR WEBSITE, AND HAS NO RESPONSIBILITY FOR OR CONTROL OVER ANY MERCHANTS’ PRODUCTS OR THE CONDUCT OF ANY ESTABLISHMENT (OR THE OPERATION, MANAGEMENT OR CONDITION OF THE ESTABLSIHMENT WHERE THE PRODUCT OR OFFERING IS REDEEMED). YOU ASSUME ALL RISKS, LOSSES AND LIABILITIES INCIDENTAL OR RELATED TO ALL PRODUCTS AND OFFERINGS PURCHASED THROUGH OUR SERVICES, AND YOU WAIVE ANY CLAIMS FOR PERSONAL INJURY, DEATH, PROPERTY LOSS OR ANY OTHER DAMAGE AGAINST Port ARISING OUT OF OR IN ANY WAY RELATING TO SUCH OFFERINGS OR MERCHANT ESTABLISHMENTS.
Merchants reserve the right, without refund of any amount paid, to refuse their Offering or redemption of their Offering to any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with the Merchant’s rules, including any requirement that persons not record or transmit any picture or reproduction of their establishment. You and Your belongings may be searched on entry to a Merchant’s establishment. Breach of terms or rules will terminate Your license to benefit from redemption of Your purchase without refund. Each product or Offering that You purchase through the Services is a limited, revocable license to redeem for a Merchant’s product or services as detailed by the Merchant. Redemption may be refused upon refunding the face amount of the Offering. Redemption of a pass number is not redeemable for cash.
Port and You are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
Port will provide technical and other customer support to You should You have any questions or difficulties which may arise in connection with Your use of Our Services. You can access support at support.sellwithport.com We attempt to answer Your questions in a timely manner, but make no guarantees that We will respond to Your inquiry by a particular time.