1. General

1. Currito (“Currito”) is a Hamiton based company with franchises across the country.

2. Currito, by itself or through its affiliates, issues bar-coded and reloadable stored value cards (the “Currito Card”) from its web site at www.Currito.com or from Currito franchise outlets. A Currito Card purchased online is downloadable onto the customer’s mobile device or printed. A customer can register and logon to the Website to access various services, including to view, update, make changes to the customer’s account, check Currito Card balances and top-up/reload Currito Card etc. (the “Services”).

3. By registering on the Website, purchasing or using the Currito Card and the Services, you agree to these terms and conditions.

4. As we continue to develop and improve our products and services, additional products and services may be made available to you. We will, from time to time, modify or update these terms and incorporate additional terms. These modified, updated or additional terms become part of your agreement with us if you continue to use the Currito Card and the Services.

2. Collection and Use of Personal Information

1. A customer has to register and create an account with Currito on the Website before purchasing a Currito Card. You agree to provide true, accurate, current and complete information about yourself (“Personal Information”) during registration.

2. Your Personal Information is retained and used by Currito and/or its affiliates (including third party service providers such as digital loyalty card service providers, payment processors and data analytics firms) for the following purposes:

  • a. To determine your eligibility before issuing the Currito Card and for providing the Services.
  • b. For communication, service and administration.
  • c. For web and mobile analytics.
  • d. For claims administration.
  • e. For internal, external and regulatory audit purposes.
  • f. To comply with legal and regulatory requirements.

3. Personal information may also be used for other purposes, subject to obtaining your prior consent for such use.

3. Use of Currito Card and Services

1. You are responsible for all equipment necessary to use the Currito Card and Services, including a mobile device, connection to telecommunication services and the World Wide Web and for paying all third party access charges (e.g., ISP, telecommunications) incurred while using the Currito Card and Services.

2. All benefits, privileges, promotions and loyalty programs offered through the Website to Currito Card customers do not apply to customers who have purchased plastic Currito Cards through Currito franchise outlets. To take advantage of the benefits, privileges, promotions and loyalty programs, a customer with a plastic Currito Card will have to register on the Website.

3. Currito Cards purchased through the Website are redeemable only in Canada or the U.S., as stipulated on each card, and may be presented as payment at any participating restaurants in Canada or the U.S. as the card dictates.

4. Once issued, a Currito Card is non-refundable.

5. Lost or stolen Currito Cards or Currito Cards used without your authorization cannot be replaced or replenished.

6. Currito Cards cannot be redeemed for cash and no change will be given. Any balance remaining on a Currito Card is available for your next visit(s) to a participating restaurant.

7. For security reasons, you may use a credit card only for one account. Currito and/or its mobile store card provider, Virtual Next Inc., do not store Customers’ credit card information.

8. You are responsible for the payment of all goods and services taxes.

9. Currito Cards purchased as gift cards cannot be re-gifted.

10. Certain promotions offered by Currito may not apply to gift cards.

11. Currito reserves the right to correct the balance on your Currito Card account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Currito Card, please contact us at Currito@virtualnext.com. We will investigate and communicate the results to you and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 30 days of the date of the transaction in question. You should monitor your transactions and account balances closely.

4. Security

1. You are solely responsible for maintaining the confidentiality of your username, password and account, and are fully responsible for all usage or activity on your account, including use by any third party, whether authorized by you or otherwise.

2. You agree to (i) immediately notify us of any known or suspected unauthorized use(s) of your username, password or account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your username, password or credit card information; and (ii) exit from your account at the end of every purchase.

3. Currito and/or its affiliates will not be liable for any loss or damage arising from your failure to comply with these terms and conditions.

5. Unauthorized access

1. Access and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas may be subject to prosecution.

2. The use of the Currito Card and Services are subject to existing laws and legal process. Nothing contained in this agreement will limit Currito’s right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Currito Card and Services.

6. Termination

1. We are constantly changing and improving the Currito Card and Services. We may add or remove functionalities or features, and we may suspend or stop a service altogether.

2. You may stop using the Currito Card and Services at any time. If you stop using the Currito Card and/or Services, there shall be no refund of the balance remaining in your card.

3. Currito may terminate any promotion offered to customers at any time without notice or liability.

4. We may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of the Currito Card and Services. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Currito Card account less any amounts that you may owe us.

7. Indemnification

1. You hereby agree to indemnify, defend and hold Currito and/or its affiliates and all of Currito’s and/or its affiliates’ officers, directors, owners, employees, agents, suppliers, partners and licensors (collectively, the “Currito Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Currito Party in connection with any claim arising out of:

  • a. your use of the Currito Card and Services;
  • b. any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
  • c. your violation of this agreement; or
  • d. your violation of the rights of any other person or entity.

8. Warranty; Disclaimers

1. Currito and/or its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Currito Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or noninfringement, or any warranty arising by usage of trade, course of dealing or course of performance. Currito does not represent or warrant that your Currito Card will always be accessible or accepted.

2. In the event that Currito or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Currito Card. Currito and its affiliates shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our affiliates have been advised of the possibility of such damages.

3. In no event shall Currito or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Currito Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

4. The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

9. Miscellaneous

1. Currito’s failure to exercise or enforce any right or provision of this agreement will not constitute a waiver of such right or provision. This agreement and your right to use the Currito Card and Services may not be assigned.

2. This agreement will be construed in accordance with the laws of Ohio, U.S.A.

3. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalid or unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the intent of the original provision. Where a court is unable to construe any unenforceable or invalid provision to make it binding, the court will sever and delete the provision. In any event, all other terms which remain valid and enforceable will survive and remain in full force and effect.

10. Contact
If you have any questions regarding this Agreement,
Currito’s mobile store card department contact email is: Currito@virtualnext.com
Our office number: 513-896-9695