VIP Testers Club is a service by VIP Testers Club, Inc. (“VIP Testers Club”, “us”, “we” or “our”). We provide a service of discounts to buyers on www.viptestersclub.com (the “Site”). Sellers list their items for sale on the Site and provide the URL to where the item can be purchased. Items are claimed through the Site, and we send a refund to the buyer for the product purchased.
In order to qualify for a Payout, you must: (i) be signed up for a VIP Testers Club account. You can set up your account here: https://viptestersclub.com and (ii) complete a claim using the URL provided from the Site (“Qualified Purchase”). If you complete your purchase through another URL not associated through the Site, you may not be eligible to receive the discount. Once your information is received, your order ID will be reviewed and approved by the Seller in their sole discretion. VIP Testers Club is not responsible for any unapproved order IDs. In addition, if you return the item subject to the discount, you forfeit your right to the discount and the amount will be deducted from your account.
Buyer Payment Requirements
As a condition of payment of applicable discounts, you must establish and maintain an account with the information necessary to process your payment: your first and last name, a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, and a password to protect your account. You further agree to provide additional information we may reasonably request to verify your identity as a condition for receiving payment.
As a condition of payment of applicable discounts, you agree not to resell any products you purchased in connection with the Site. If you resell any products we reserve the right to cancel the discount and your account. You further agree not have more than one account per household. You agree not to claim more than one unit per unique product in connection with the Site. You further agree not to apply any additional discounts (promotional coupons or discounts) when you claim items in connection with the Site.
VIP Testers Club and its designees shall have the right to remove any Buyer Content, as determined in their sole discretion.
We currently do refunds to Buyer via PayPal which will be sent to the address provided in your account. Other payment options may be made available in the future. It is your responsibility to keep your address and paypal account in your account up to date and in good and functional standing. We are not responsible for payments delivered to the wrong PayPal address or held by paypal for any reason. We are not reposnsible for any additional fees PayPal may asser on Buyer's account for any reason.
The determination of a Claim dispute should be based on the compliance of one or more of the following reasons:
- The order ID submitted was not legitimate.
- The order was cancelled or refunded by Customer or Amazon.
- The product was returned.
- Extra discount coupons or codes were used along with the offer or the offer was claimed during lightning deal hours.
- The item bought was not the one advertised on the site.
- The item was bought from the wrong seller not the one advertising and displayed on the site.
- The item has been bought multiple times from same account on the marketplace, in connection with the site (this depends on the seller policies)
Any other reasons may be added at the sole discretion of VIP Testers Club. It is your responsibility to check your account regularly to ensure that your Claims are accurately reflected and that your account balance is accurate. If you believe that a Claim has not been correctly added to your account, you must contact VIP Testers Club Customer Service at Live Chat of VIP Testers Club within seven (7) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to cancel your account and cease using our Services. You will be solely responsible for any and all tax liability arising out of any payments you may receive from us.
Seller Store Policies; Rebate Approval; Seller Products
A product purchased from any Seller through the Site is governed by and subject to the applicable Seller’s store policies, including applicable exchange and shipping policies. We encourage you to read and understand these policies before making a purchase. You agree that we are not agents of any Seller and that the Sellers operate independently and are not under our control with respect to the Claims or otherwise. Accordingly, your participation in offers or promotions of, or correspondence with, any Seller is solely between you and that Seller. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer, including, without limitation, the withdrawal or modification of any such offer.
All matters concerning the products and services posted from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Vip Testers Club makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Vip Testers Club, nor will Vip Testers Club be construed as, a party to such transactions, whether or not Vip Testers Club may have received some form of revenue or other remuneration in connection with the transaction. You agree that Vip Testers Club will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. Vip Testers Club does not assume any responsibility or liability for the actions, product or content of all these and any other third parties. If you want to request a refund, you must request the refund directly from the Seller. To the extent that a purchase or a Refund is cancelled or does not meet your expectations for any reason, you must contact the Seller and your sole and exclusive remedy with respect to the purchase is with the Seller and not with Vip Testers Club. All communications or disputes regarding refunds are between the Seller and you. Vip Testers Club will not be responsible or liable in any way for, refunds, errors in issuing refunds or lack of refunds. In addition,Vip Testers Club is not responsible for the truth or accuracy of any Seller Content (defined below) or the ability of any Seller complete a transaction. Notwithstanding the foregoing, you may report the misconduct of any Seller and/or third parties in connection with the Site or any Services to us, and we, in our sole discretion, may investigate the claim and take action.
Limitation of Liability
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEITHER VIP TESTERS CLUB NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, OR ADVERTISERS, NOR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR PRODUCTS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, TO THE GREATEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT VIP TESTERS CLUB SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) THE USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR ANY LINKED SITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF VIP TESTERS CLUB; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED SITE; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE; (VII) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VIII) THE QUALITY, SAFETY OR LEGALITY OF PRODUCTS ADVERTISED ON THE SITE; AND/OR (IX) ANY OTHER MATTER RELATING TO THE SITE, OR VIP TESTERS CLUB SERVICES. THE MAXIMUM TOTAL AGGREGATE LIABILITY OF VIP TESTERS CLUB, ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS AND SPONSORS, AND ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT OF MONIES RECEIVED BY VIP TESTERS CLUB FROM YOU OR $100 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
All right, title, and interest in the Site and the Services belong solely to VIP Testers Club or its licensors. Additionally, VIP Testers Club shall maintain all right, title, and interest in “VIP Testers Club” and any other marks, service marks, trademarks, or logos of VIP Testers Club (collectively, the “Marks”) that are registered in the U.S. and other countries. The Marks owned by VIP Testers Club, whether registered or unregistered, may not be used in connection with any product or service that is not offered by VIP Testers Club, in any manner that is likely to cause confusion with customers, or in any manner that disparages VIP Testers Club. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark without the express written permission of VIP Testers Club, VIP Testers Club's licensors or suppliers, or the third-party owner of any such Mark. Misuse of any Marks is prohibited, and VIP Testers Club will aggressively enforce its intellectual property rights in such Marks, including via civil and criminal proceedings. You shall not mention or use VIP Testers Club in any ad text, extensions or banner ads without the express written consent of VIP Testers Club.
Governing Law; Dispute Resolution
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Wyoming in the United States, without regard to conflicts of law provisions contained there. You agree that any dispute, claim or controversy arising out of or in connection with VIP Testers Club's business, the Services or this Agreement or relating in any way to the Site shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate. You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and VIP Testers Club, and VIP Testers Club waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor VIP Testers Club can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and VIP Testers Club further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $50,000, VIP Testers Club will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Headings under this Agreement intended only for convenience and shall not affect the interpretation of this Agreement. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions. This Agreement represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or representations, written or oral (including without limitation, earlier versions of this Agreement that may have been accepted by you).
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