Last updated: 4 September 2023
1. Legal framework
The Services are operated by Azteco Holdings USA, Inc. (the “Company”, “We”), domiciled at 1716 12th Street, Santa Monica, CA 90404, USA (Company Number: 4594652) and its subsidiaries.
These Terms are governed by the laws of the State of Delaware. In the case of discrepancy between the English version of these Terms and any translated version, the English version shall prevail.
If you agree to these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such an entity, its affiliates, and all users of the Services to these Terms. In the absence of such an authority, you are not authorized to use the Services.
2. Users of the Services
The Services are provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to use the Services. Each individual is solely responsible for all actions performed through the Services.
The Services can only be used to buy Azteco vouchers, redeem Azteco vouchers, or redeem the vouchers of Azteco’s partners, either through the azte.co website or one of our partner applications. Azteco vouchers cannot be reloaded; resold; used for payment outside of the azte.co website or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional, or commercial purposes, redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund or used in any manner otherwise prohibited by Azteco.
4. General terms
When you purchase, receive, or redeem an Azteco voucher, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these terms and conditions and any dispute that may arise between you and Azteco, and its affiliates related to your use of an Azteco voucher.
We reserve the right to change these Terms without notice, from time to time at our sole discretion. All Terms are applicable to the extent permitted by law. If any of these Terms are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
We reserve the right to require additional verification of your identity and/or your voucher Reference ID upon request. We cannot process support requests without a valid voucher Reference ID.
5. Use of Azteco vouchers in violation of these Terms
By using an Azteco voucher you agree to comply with these terms and conditions, and not to use an Azteco voucher in any manner that is misleading, deceptive, unfair, or otherwise harmful to Azteco, its affiliates, or its customers. We reserve the right, without notice to you, to void Azteco vouchers without a refund, suspend or terminate the ability to use our services, and cancel voucher codes, if we suspect that an Azteco voucher has been obtained, and attempted to be redeemed or used fraudulently, unlawfully, or otherwise in violation of these Terms.
6. Risk of loss
The risk of loss and title for Azteco vouchers pass to the purchaser upon our electronic transmission of the Azteco vouchers to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Azteco vouchers must be obtained either from Azteco or an authorized third party. You are responsible for safeguarding your Azteco voucher from unauthorized use. We are not responsible if any Azteco voucher or voucher code is lost, stolen, surreptitiously copied, or destroyed, or if your Azteco voucher is used without your permission. Azteco is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any voucher.
Azteco vouchers may include an expiry date. Azteco vouchers cannot be replaced if lost, stolen, or expired.
Any dispute or claim relating in any way to Azteco vouchers will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms and conditions as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered address. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
8. Limited warranties and liability
The Company does not make any warranty about the reliability of the Services or the security of user data, despite best efforts. The Service is provided “as is” and you agree not to hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
To the full extent permissible by law, we make no warranties, express or implied, with respect to Azteco vouchers, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. To the full extent permissible by law, in the event an Azteco voucher is non-functional, your sole remedy, and our sole liability, will be the replacement of that Azteco voucher at either the fiat face value or bitcoin value at our sole discretion.
Azteco is not responsible for third-party bitcoin wallet services, bitcoin software, or the software of any retailers used to redeem your Azteco voucher.
9. Intellectual property
All trademarks, service marks, logos, trade names, and other proprietary designations of Azteco (the “Azteco Trademarks”) displayed on this website are trademarks or registered trademarks of the Company, and numerous of the Azteco Trademarks are registered with the U.S. Patent and Trademark Office and with multiple trademark offices around the world. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Azteco Trademarks without our prior written permission in each instance. All goodwill generated from the use of the Azteco Trademarks will inure to the Company’s exclusive benefit.
10. Modifications to our Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change these Terms at any time. As long as you are using the Services, you are responsible for regularly reviewing these Terms. Continued use of the Services after such changes are performed shall constitute your consent to them.