Terms and conditions
Welcome to Pennyful.in.
This User Agreement ("Agreement") governs your use of the website www.pennyful.in
("Site") and the Program (defined below) provided by Pennyful Online Pvt Ltd, which
utilizes commission-based affiliate marketing from our merchant partners ("Affiliate
Merchants") for the provision of services as set forth hereunder in this Agreement.
This Agreement between Pennyful.in (hereinafter referred to as "We", "Us", "Pennyful"
or "Our") and you (hereinafter referred to as "You", "Your" or "User") describes
your rights as a User of the Site and the Program, and Our responsibilities to You
as Our Users.
Before You can use our Program and avail Our services, You must read, understand,
accept and agree to abide by all the terms and conditions under this Agreement,
including any future amendments or updates thereto.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE SITE.
Your affirmative act of registering online by clicking the "I Agree to the Terms
and Conditions" check box constitutes your acceptance and electronic signature to
this Agreement and signifies that You agree to be legally bound by the terms of
this Agreement ("Online Plan"). Similarly, Your affirmative act of registering with
Pennyful via mobile number will automatically be deemed to constitute Your acceptance
to this Agreement ("Mobile Plan"). You are therefore advised to carefully read and
understand the terms of this Agreement, by which Your use of the Program shall be
We reserve the right to alter, delete or modify any provision of this Agreement
at any time. Please check the terms of this Agreement periodically for changes.
Your continued use of the Program after the effective date of such changes constitutes
Your acceptance to such changes. During the use of the Program, there would be certain
rules, additional terms and posted guidelines which shall be applicable to particular
services and features which shall be put up on the Site periodically and which will
form part of the Agreement.
'Pennyful' and 'You', in the subsequent paragraphs of this Agreement, shall be individually
referred to as the "Party" or collectively as the "Parties" as and when the context
dictates. The term "Account" as referred to in this Agreement shall mean and include
the Account held by the User with Pennyful (administered by a password) for using
This Agreement will be effective immediately from Your acceptance, to Our terms
and conditions as signified by the creation of Your Account either through the Online
Plan or the Mobile Plan. This Agreement shall be enforceable against You like any
other written agreement
I PENNYFUL CASHBACK:
As a User of Pennyful, You have the ability to earn money in the form of rebates,
which are separate and apart from, and in addition to, any other discounts available
through the Online Plan or the Mobile Plan ("Pennyful Cashback"). This section identifies
the manner in which You may earn Pennyful Cashback, the associated rights of the
User and Our rights and obligations with respect to the Pennyful Cashback program
Program Overview. The Program allows the Users to shop with Pennyful's Affiliate
Merchants, and earn Pennyful Cashback. The Program is free to Users, and is conferred
as a benefit of registration with Pennyful. You are under no obligation to participate
or redeem Your Pennyful Cashback at a particular point of time. As a User, Pennyful
Cashback is earned when You make a qualifying purchase, which is determined by its
genuineness, from an Affiliate Merchant participating in the Program on Our Site's
page. Some Affiliate Merchants may have special requirements to earn Pennyful Cashback.
View the "Conditions" section on their individual store information page on Our
Site for requirements and restrictions. Further, not all Affiliate Merchants listed
on our Site participate in the Program. Affiliate Merchants are identified by a
corresponding offer displayed with their store name.
Eligibility. The Program is offered for purchases made through the links
on the Site as well as purchases made by the User personally by shopping in the
Affiliate Merchant stores. Pennyful offers to You the luxury of choosing to shop
online or in person. All that You would need is an internet access and a valid working
e-mail address to receive the privileges of the Program if You desire to shop through
Our Online Plan or You could avail of Our Mobile Plan to shop in person. Members
must be human, no machines, scripts, or automated services may be used to accumulate
any financial benefits derived from the use of the Program. Irrespective of whether
You would like to use the Online Plan or Mobile Plan, You will be required to maintain
only one Account with Us. Any duplicate Accounts will be subject to cancellation.
Further, participation in the Program is limited to individuals that are eighteen
(18) years of age or older. By agreeing to these terms, You also agree not to 'spam'
unknown individuals by sending them unwanted emails to solicit their membership
at Pennyful. Your refusal to abide by this or any other terms under the Agreement
may, at the discretion of Pennyful, result in cancellation of Your referral bonuses
and/or Your membership with Pennyful.
To be eligible to receive Pennyful Cashback, You must make a qualifying purchase.
In order to make a qualifying purchase with Us, You must satisfy the following criteria:
- You must log on to the Site with Your email address in order to use of the Online
Plan and in order to use the Mobile Plan, You will need to make a one-time registration
with Us via Your mobile.
- To use the Online Plan, You would need to link to an Affiliate Merchant from the
Site, add items to Your cart and accordingly complete Your transaction. The Pennyful
link to an Affiliated Merchant must not be altered. An online purchase must be started
and completed in one shopping session after the member associates with an Affiliated
Merchant via Pennyful. If an online purchase is completed during a different shopping
session, it will not be considered a qualified purchase. You must have cookies,
both first and third party (if applicable), enabled on Your web browser.
- If You are using the Mobile Plan, You can directly visit the Affiliate Merchant
and shop. You can also register with Us by visiting and providing Our Affiliate
Merchant with Your mobile number, after which a Pennyful Account will automatically
be created with Your mobile number as Your login id. Thereafter You may visit the
store of an Affiliate Merchant and shop normally.
- Purchases must not be made by using coupons provided by any party other than Pennyful.
(envy) A purchase from an Affiliated Merchant for whom Pennyful does not offer Pennyful
Cashback is not deemed a "qualifying purchase".
To be eligible to receive Pennyful Cashback, You must make a qualifying purchase.
In order to make a qualifying purchase with Us, You must satisfy the following criteria:
- You are under the age of eighteen (18) years, or of unsound mind or otherwise incompetent
to execute this Agreement.
- Upon registration of Your email address with Our Site for the Online Plan, an Account
will be created in the name of Your email address for all Pennyful Cashback You
earn. When using the Online Plan, You did not log onto the Site with Your email
address, or You go directly to the Affiliate Merchant website without first visiting
Our Site. Similarly, in using the Mobile Plan, You directly approach and/ or shop
with the Affiliate Merchant without prior registration with Us.
- Specifically for the sign-up bonus Pennyful Cashback, You have not made Your first
purchase within 6 (six) months from becoming a User of Pennyful's services.
- When using the Online Plan, You complete multiple transactions without returning
to Our Site. To clarify, completing each transaction ends Your "cashback session"
with Pennyful, and You have to start over to earn Pennyful Cashback on additional
(envy) When using the Online Plan- You type a new address (URL) in the window opened
by the Site; or You click on any "special offers" or toolbars from other websites
while shopping or You allow too much time to lapse between linking to the Affiliate
Merchant and completing the purchase.
- When using the Mobile Plan, You send messages in the incorrect format or from numbers
that are not registered with Us.
- You contact the Affiliate Merchant to change or cancel an order.
- You fail to abide by the restrictions imposed by an Affiliate Merchant.
- The Affiliate Merchant fails to transmit to Pennyful the Cashback or commission
corresponding to the transaction for any reason or any commission transmitted to
Pennyful is required to be repaid by an order of any court of competent jurisdiction.
- You have been specifically notified by Pennyful that You, or certain purchases,
are not eligible for Pennyful Cashback.
Determination of whether or not a purchase made through an Affiliate Merchant is
a qualifying purchase is at Our sole discretion. Pennyful will not be responsible
for tracking problems resulting from incorrect usage of the Program or the Site,
disabling cookies, computer issues resulting from unknown causes such as third-party
software or other issues, Affiliate Merchant partner errors/omissions or from any
other failure of tracking mechanisms.
Earning Pennyful Cashback.The appropriate Pennyful Cashback rebate will be
posted to Your Account as "Pending" within thirty-one (31) days of the date on which
an Affiliate Merchant reports Your transaction to Pennyful.in. For a period of thirty
one (31) to one hundred twenty one (121) days thereafter, Your Account may still
refer to the Pennyful Cashback rebate as "Pending". This time period is in accordance
with the Affiliate Merchant's right to reverse a transaction for return or cancellation
purposes. Once the Affiliate Merchant authorizes the payment of Pennyful's commission
in connection with a qualifying purchase made by You, We will credit Your account
with the applicable Pennyful Cashback, until then We make no guarantee to You. Your
Pennyful Cashback earned will be identified as "Approved", at which time You can
request a payment redeeming your Pennyful Cashback either online, or by calling
Us. You can view Your balance and history by either clicking 'My Account' on Our
Site or by calling Us.
Requesting Payment of Pennyful Cashback. You may request to redeem Your earned
Pennyful Cashback designated as "Approved" in Your account. To receive Pennyful
Cashback, You must have a valid bank account. The Pennyful Cashback will be distributed
to the User after receipt of the User's request for payment. You can also request
for Pennyful Cashback online. We will not be responsible for any event beyond the
control of Pennyful that would prevent a User from receiving their payment. Pennyful
Cashback has no cash value until such time as You request and receive a payment
in accordance with terms stipulated herein above, and You shall have no property
rights or other legal interest in Pennyful Cashback. You are solely responsible
for redeeming Pennyful Cashback. Please note that there is no automatic or periodic
redemption. You are responsible for any taxes that may be due on Pennyful Cashback
redeemed by You.
Account Adjustments. Pennyful Cashback awarded to You is subject to adjustments
for returns and cancellations, and Pennyful's receipt of information and payments
on such purchases/orders from Affiliate Merchants, and other events. Pennyful reserves
the right to make adjustments to User's Account at any time in accordance with this
Agreement. If You disagree with any adjustments made to Your Account, your sole
remedy is to discontinue use of the Program. We are not responsible for changes
to, or discontinuance of, any Affiliate Merchant, or any Affiliate Merchant's withdrawal
from the Program, or for any effect on accrual of Pennyful Cashback caused by such
changes, discontinuance or withdrawal.
Termination of Program. We reserve the right to terminate the Program in
whole or in part at any time with notice. In the event the Program is terminated,
You will have sixty (60) days to redeem your Pennyful Cashback from the date notice
is transmitted by Pennyful to the email address or residential address specified
in Your Account, provided to Pennyful during Your registration with Us. We will
not be responsible for failure to notify You of Program termination where such failure
is caused by an inaccurate email address or residential address, or Your failure
to check Your mails.
Member Responsibilities. You are responsible for maintaining accurate, complete
and up-to-date information in Your Account at all times, including your legal name,
electronic mail (e-mail) address, residential address and contact number. All changes
to this information must be promptly updated in Your Account on the Site. If any
information provided by You is inaccurate, not current or incomplete, We retain
the right to suspend or terminate Your Account immediately without any further notice.
You are responsible for keeping Your Account details and password and all other
information concerning Your Account confidential. Pennyful is entitled to act on
instructions received under Your username and password. Pennyful is not responsible
for any credits or debits made to Your Account by someone else who uses Your username
or password. We will not be responsible for any losses or liabilities incurred through
the use of Your password by a third party. You are also responsible for reviewing
Your Account balance on a regular basis, and for ensuring that all Pennyful Cashback
has been properly credited to Your Account. If a discrepancy occurs between Your
purchase order with the Affiliate Merchant and Your Pennyful Cashback Account, then
You must contact Us via Our customer support within sixty (60) days of the purchase/order
date from an Affiliate Merchant. If You fail to contact Us within the said sixty
(60) days period, such purchase/order shall be deemed to be accurate and You hereby
waive any right to dispute said purchase/order.
DISCLOSURE OF ACCOUNT INFORMATION:
You shall authorize Pennyful to disclose to third parties, information that You
have provided, or information that Pennyful has obtained about Your Pennyful Account
or shopping behavior:
- to Affiliate Merchants or to agents and licensors of Pennyful or its affiliates,
such as independent auditors, consultants or attorneys;
- to comply with government agency or court orders or requests;
- in providing aggregated and non-personalized marketing services for an advertising
or store partner, or
- where it is necessary for redemption or transfer of your Pennyful Cashback rewards.
Further, You authorize Pennyful to receive any Account information from any Affiliate
Merchants including, but not limited to information regarding purchases made, items
searched for or added to Your shopping cart, products ordered, order number, the
time and date the purchase occurred, and the email address or other details provided
by You during the purchase. You agree to hold the Affiliate Merchants harmless for
any information disclosed to Pennyful in this regard. You permit Pennyful to collect
and use non-personalized marketing information regarding visits and purchases made
from other internet commerce sites.
of the Site, the Program and this Agreement, You agree to receive communications
relating to Your Account and membership information (e.g., if we have added money
to Your Account) as well as periodic shopping-related information that highlight
coupons, cashback & special deals that are available to the members of Pennyful.
You can opt-out of receiving these messages that are not Account-related by either:
- following the unsubscribe link on any of the emails, or
- by sending an email to Us specifically unsubscribing to all such communications.
This Site contains robot exclusion headers. Much of the information on Site is updated
on a real time basis and is proprietary or is licensed to Us by Our Users, Affiliate
Merchants, or third parties. You agree that You will not exceed the limited access
to the Site granted to You or use any robot, spider, scraper or other automated
means to access the Site for any purpose without Our express written permission.
Additionally, You agree that You will not:
- take any action that imposes, or may impose in our sole discretion an unreasonable
or disproportionately large load on Our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display
any content from the Program, including the Site, without the prior expressed written
permission of Pennyful and appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities
conducted on the Site; or
- bypass Our robot exclusion headers or any other measures that We may use to prevent
or restrict access to the Site.
Use of Online Coupons. Pennyful provides coupons, for both the Online as
well as the Mobile Plan Users, as a free service. Pennyful is not responsible for
the redemption, errors/omissions or expiration of online coupons and it is Your
responsibility to make sure that a discount, special pricing, or free offer is present
in the checkout process of an Affiliate Merchant. All offers and promotions on Our
Program are subject to change without notice. Pennyful has no control over the legality
of any coupons or other offers made by Affiliate Merchants, the ability of any of
the Affiliate Merchants to complete the sales in accordance with the offers, or
the quality of the goods offered by the Affiliate Merchants. Pennyful has no control
over whether Affiliate Merchants will honor the offers shown on Pennyful, and does
not guarantee the accuracy or completeness of the information contained on the website.
In the event You have a dispute with an Affiliate Merchant in any way relating to
Our Program or the use of information from the Site, You agree to waive and release
Pennyful from any and all claims, demands, actions, damages (actual and consequential),
losses, costs or expenses of every kind and nature, known and unknown, disclosed
and undisclosed relating to that dispute.
Linked Websites. This Site may contain links to other websites. We are not
responsible for the practices or the content on any other website. Be sure to read
because We are not responsible for the availability of these outside resources or
their content, You should direct any concerns regarding any other websites to the
administrator or web master of that site.
Confidentiality. The information that We collect from You would be governed
Our information collection and use practices. You may obtain certain confidential
information, including without limitation, technical, contractual, product, pricing
and other valuable information that should reasonably be understood as confidential
("Confidential Information"). You must hold all Confidential Information in strict
confidence. Title and all interests to all Confidential Information shall remain
with Us. Your obligations regarding Confidential Information will expire seven (7)
years after the date of disclosure. Upon termination of the Agreement, You must
stop using the Confidential Information and immediately return it to Pennyful.
Obligations of the User:
- You may use the services for lawful purposes only. You may not, without limitation,
submit or transmit through the Site, any material or content that:
- violates or infringes the rights of any third party including, without limitation,
patent, trademark, trade secret, copyright or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent,
invasive of another's privacy, tortuous, or contains explicit or graphic descriptions,
or accounts of sexual acts, is lascivious or appeals to prurient interest;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals
on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity including Pennyful or its employees
- contains viruses or any other computer code, files or programs that interrupt, destroy
or limit the functionality of any computer software or hardware, or otherwise permit
the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offence, or that gives rise
to civil liability;
- violates this Agreement, guidelines or any policy posted on the Site;
- interferes with the use of the services or Program by others; or
- intentionally or unintentionally violates any applicable local, state, national
or international law, including any regulations having the force of law;
- results in violations of system or network security like unauthorized access, use,
probe, or scan of a systems security or authentication measures, data or traffic,
interference with service to any user, host or network etc.
- engages in activities, whether lawful or unlawful, that We determine to be harmful
to its operations, reputation, goodwill, or customer relations.
- You expressly agree that We shall not be liable in any manner whatsoever for any
claims or complaints made by any third party with respect to the content.
- You shall not alter the display of any advertisement (or any parts or aspects thereof),
Pennyful's brand elements, including logos, trademarks, service marks displayed
by Us in connection with the services in any manner whatsoever.
- You shall not enter or attempt to enter into a transaction with the Affiliate Merchants
to gain Pennyful Cashback, by providing personal information of someone else, or
a payment method they are not entitled to use, or by deceptively or unfairly exploiting
an Affiliate Merchant's offering, or in breach of any terms and conditions applied
by Us to that transaction
Indemnification. You agree to indemnify, defend and hold Pennyful, Our affiliates,
directors, partners, employees and agents harmless from and against any and all
liability, loss, claims, damages, costs and/or actions (including reasonable legal
fees and disbursements in connection therewith and interest chargeable thereon)
based on or arising from any failure by You to comply with any of the terms and
conditions of this Agreement; or any breach by You of any of the representations,
warranties or undertakings set forth herein.
Disclaimers and Limitations on Liability. .
- All services in this Program are being provided by Pennyful "as is" and "as available"
to the maximum extent permitted by law. We disclaim all representations and warranties,
express or implied, with respect to the Site and the Program, including, but not
limited to, implied warranties of merchantability and fitness for any particular
purpose and implied warranties arising from course of dealing or course of performance.
- You agree that We will not be liable for any costs or damages arising out of a dispute
between You and any Affiliate Merchant, and you hereby expressly waive any such
claim against us and our partners, members, officers, directors, employees, parents,
subsidiaries, agents, associates, affiliates and representatives. We do not make
any representations or guarantees regarding any goods or services offered or provided
by Affiliate Merchants or suppliers. We do not make any representations that access
to this Site or Your usage of the Program will be uninterrupted or error-free, and
We assume no responsibility for any damage caused by your access, or inability to
access, this Site or Your usage of the Program, including, but not limited to, your
inability to receive Pennyful Cashback by purchasing items with an Affiliate Merchant.
- In no event shall We be liable for any damages, claims or losses incurred (including
without limitation compensatory, incidental, indirect, special, consequential, or
exemplary damages), however caused and under any theory of liability arising in
connection with your use of this Site and the Program; any act or omission by Us
in administering this Site or the Program; or the purchase or use of any goods or
services of Affiliate Merchants or suppliers, even if We have been advised of the
possibility of such damages, claims, or losses and notwithstanding any failure of
essential purpose of any limited remedy. You agree that any material and/or data
downloaded or otherwise through the use of the Program are done entirely at your
own discretion and risk and You will solely be responsible for any damage to Your
computer systems or loss of data that results from the download of any material
- Notwithstanding the foregoing, in no event shall We be liable to You for direct
or indirect damages caused by Us in excess of the Pennyful Cashback earned by You
during the preceding six (6) months period. You agree to indemnify and hold Pennyful,
its partners, members, associates, parents, subsidiaries, affiliates, officers,
directors and employees, harmless from any claim or demand, including reasonable
attorney's fees and expenses, made by any third party due to or arising out of Your
use of the Program, the violation of these terms and conditions by You, or the infringement
by You, or any other user of Your Account, of any intellectual property or other
right of any person or entity, or as a result of any threatening, libelous, obscene,
harassing or offensive material contained in any member communications.
Amendment to Agreement. The "terms and conditions" set forth within this
Agreement may change from time to time. We will post those changes on this page.
You consent to be bound by all the said "terms and conditions", including any and
all updates thereto. We will not be responsible if You do not learn of the modification.
It is Your responsibility to check this page of the Site regularly to determine
whether this Agreement has been modified. If You do not agree to any modification
of this Agreement, You must immediately terminate Your Account and Your usage of
Compliance with Laws and Regulations. You agree to comply with all applicable
laws, rules and regulations. You may participate in this Site and Our Programs if
and to the extent that such participation is permitted by such laws, rules and regulations.
We may refuse to enroll, restrict, modify or terminate Your Account, password and
registration without liability to You or any other third party if You violate any
law, rule or regulation, or if Your participation could violate any law, rule or
Proprietary Rights to Content. You acknowledge that this Site content, including
but not limited to text, sounds, photographs, graphics, video or other material
contained in any communication, advertisements or messages, whether by Pennyful
or Pennyful's advertiser's or Affiliate Merchants, service and software are protected
by copyrights, trademarks, service marks, patents, and/or other proprietary rights
and laws. You are only permitted to use content or service as expressly authorized
by Pennyful, its advertisers and Affiliate Merchants, as the case may be. No portion
of the content or other materials may be directly or indirectly copied, published,
reproduced, modified, performed, displayed, sold, transmitted, published, broadcast,
rewritten for broadcast or publication or redistributed in any medium, whether now
known or hereafter created. Pennyful, and its associated logos, page headers, custom
graphics, buttons, and other icons are service marks, trademarks, registered service
marks, registered trademarks, and/or trade dress of Pennyful. All other content
product names and company logos are trademarks of their respective owners. Neither
these materials, nor any portion thereof, may be stored in a computer except as
reasonably necessary for personal and non-commercial use; however, any print out
of any page of the Site or portion thereof, must include Pennyful's copyright notice.
Any unauthorized submission or distribution of copyrighted or other proprietary
content is illegal and could subject the User to personal liability or criminal
Termination of Agreement.
- Any violation of the terms and conditions of this Agreement is ground for immediate
termination of Your Account and Your registration with Pennyful.
- We reserve the right to terminate Your Account, password and registration, if Your
Account is inactive for a period of twenty-four (24) consecutive months. An Account
shall be deemed and considered to be inactive if there has not been any Pennyful
Cashback earning activity.
- You may terminate Your Account, password and registration at any time by sending
an email or calling Our customer support.
- We reserve the right to terminate Your Account, password and registration, if Your
Account has been associated with any legally questionable activity.
- If Your Account, password and registration with this Site is terminated for any
reason, either by You or by Us, You shall forfeit any and all earned Pennyful Cashback
in Your Account.
Notice. All Pennyful notices will be given by email, registered postal service
or by general posting on the Site.
Waiver. Pennyful's failure to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver or forfeiture of such right or provision.
Choice of Law. This Agreement shall be governed by and construed in accordance
with the laws of India without reference to conflicts of law and rules. You hereby
consent to exclusive jurisdiction and venue in the courts located in Bangalore,
India for all matters and disputes in connection with this Agreement or Your use
of this Program.
Severability of Provisions. Any provision (or part thereof) of this Agreement
which is found to be invalid, prohibited, or unenforceable, shall be ineffective
only to the extent of such prohibition and unenforceable, without invalidating the
remainder of the provision or the remaining provisions hereof in this Agreement.
To the extent permitted by the applicable law, each of the Parties hereto hereby
waives any provision of law which prohibits or renders unenforceable any provisions
hereof in any respect.
Access and Delays in Services. Pennyful, its affiliates, subsidiaries, and
vendors shall have no responsibility to provide You access to the Site. Further,
Pennyful, its affiliates, subsidiaries, and vendors shall not be liable to You for
any loss or liability resulting, directly or indirectly, from delays, inaccuracies,
errors, omissions or interruptions of the service for any reason, including, without
limitation, due to electronic or mechanical equipment failures, telephone interconnect
problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts,
acts of war, acts of terrorism, or to other like causes.
Assignments. You cannot assign any of Your rights, obligations, privileges,
or performance hereunder without the prior written consent of Pennyful. Participation
in the Program is personal to You. Pennyful Cashback received under the Program
may not be assigned or transferred to any third party, except as expressly permitted
by Pennyful, in writing. The sale, transfer, lending, exchange, pooling or barter
of any Pennyful Cashback, other than by Pennyful, is expressly prohibited. Any Pennyful
Cashback assigned, sold, or otherwise transferred in violation hereof may be confiscated