TERMS AND CONDITIONS

These terms and conditions (the “Terms and Conditions”) govern the use of https://birthdayclub.tech (the “Site”). This Site is owned and operated by James Bornamann. This Site is an ecommerce website.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

Intellectual Property
All content published and made available on our Site is the property of James Bornamann and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

A2P 10DLC Compliance
Birthdayclub.tech acknowledges and complies with A2P 10DLC regulations. We strive to maintain transparency and adherence to industry standards to ensure a secure and reliable environment.
in any sms communications you can reply STOP if you need to Opt-out in the future. also Frequency of message will vary and Message and data may apply. Also all customer information is not stored on the website, its only stored and managed in our CRM
and if you want to opt out of our email communications, you can click one button (Click Here if you want to opt out of and not receive any more communications from our Bithdayclub.tech ) at the bottom of any email our crm sends out.

Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.

The following goods are available on our Site:

Birthday Marketing Solutions; and
Restaurant VIP Program.
The following services are available on our Site:

Birthday Marketing Using Digital Ads To Deliver Customers; and also a Restaurant Loyalty Program.
The services will be paid for in full when the services are ordered.

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Subscriptions
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: No Contracts, CANCEL ANYTIME with a 45 day notice. just send customercare@birthdayclub.tech your official cancelation request

Payments
We accept the following payment methods on our Site:

Credit Card;
Debit;
Direct Debit; and
Apple Pay
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
we use strip as our payment processor and Stripe’s recommended payment integrations, such as Stripe Checkout, Stripe Elements, or Stripe Terminal. These integrations allow us to securely collect and transmit card data directly to Stripe, without it passing through your servers. We do not hold or store and manage any financial data

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability
our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless James Bornamann and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law
These Terms and Conditions are governed by the laws of the State of Michigan.

Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

(269) 365-4321
customercare@birthdayclub.tech
721

You can also contact us through the feedback form available on our Site.

Effective Date: 20th day of January, 2024