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 Eze Get Online Technologies LLP, 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 governed.
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 the Program.
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”).
1.
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.
2.
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:
(i)
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.
(ii)
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.
(iii)
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.
(iv)
Purchases must not be made by
using coupons provided by any party other than Pennyful.
(v)
A purchase from an Affiliated
Merchant for whom Pennyful does not offer Pennyful Cashback is not deemed a “qualifying
purchase”.
Reasons You will not be entitled
to the Pennyful Cashback include, but are not limited to, the following:
(i)
You are under the age of eighteen
(18) years, or of unsound mind or otherwise incompetent to execute this
Agreement.
(ii)
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.
(iii)
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.
(iv)
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 items.
(v)
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.
(vi)
When using the Mobile Plan, You send
messages in the incorrect format or from numbers that are not registered with
Us.
(vii)
You contact the Affiliate
Merchant to change or cancel an order.
(viii)
You fail to abide by the
restrictions imposed by an Affiliate Merchant.
(ix)
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.
(x)
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.
3.
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.
4.
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, or You must provide Your residential
mailing address in order to receive the cheque for the Pennyful Cashback. Each
redemption of Pennyful Cashback requires that Your Account accumulates a
minimum of Rs.150/- (Rupees One Hundred And Fifty Only) as “Approved”. 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.
5.
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.
6.
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.
7.
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.
II.
DISCLOSURE
OF ACCOUNT INFORMATION:
1.
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:
(i)
to Affiliate Merchants or to
agents and licensors of Pennyful or its affiliates, such as independent
auditors, consultants or attorneys;
(ii)
to comply with government agency
or court orders or requests;
(iii)
in providing aggregated and
non-personalized marketing services for an advertising or store partner, or
(iv)
where it is necessary for redemption
or transfer of your Pennyful Cashback rewards.
2.
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.
3.
You permit Pennyful to collect
and use non-personalized marketing information regarding visits and purchases
made from other internet commerce sites.
4.
By signing up for membership with
Pennyful and thereby accepting the terms of use 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.
5.
You can opt-out of receiving these
messages that are not Account-related by either:
(i)
following the unsubscribe link on
any of the emails, or
(ii)
by sending an email to Us
specifically unsubscribing to all such communications.
6.
In order to operate Our Program,
You hereby authorize Us to communicate to You Account information relating to Your transaction. You agree that such communications will not be
considered as unsolicited commercial communication. If You do not wish to
receive any communication from Us, even if it relates to Your Account, purchase
and awards, Your Pennyful Cashback etc.,
You can close down Your Account by contacting customer support.
III.
ROBOTS:
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:
(i)
take any action that imposes, or
may impose in our sole discretion an unreasonable or disproportionately large
load on Our infrastructure;
(ii)
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;
(iii)
interfere or attempt to interfere
with the proper working of the Site or any activities conducted on the Site; or
(iv)
bypass Our robot exclusion
headers or any other measures that We may use to prevent or restrict access to
the Site.
IV.
GENERAL
PROVISIONS
1.
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.
2.
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 the terms of use
and privacy policies that govern Your use of such linked websites 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.
3.
Confidentiality.
The information that We collect from You would be governed as per the Privacy
Policy of the Site. Please read Our Privacy Policy to understand 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.
4.
Obligations of the User:
1.
2.
3.
4.
(i)
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:
(a)
violates or infringes the rights
of any third party including, without limitation, patent, trademark, trade
secret, copyright or other proprietary rights;
(b)
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;
(c)
victimizes, harasses, degrades,
or intimidates an individual or group of individuals on the basis of religion,
gender, sexual orientation, race, ethnicity, age, or disability;
(d)
impersonates any person, business
or entity including Pennyful or its employees and agents;
(e)
attempts to exploit a minor
(under the age of 18 years);
(f)
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;
(g)
encourages conduct that would
constitute a criminal offence, or that gives rise to civil liability;
(h)
violates this Agreement,
guidelines or any policy posted on the Site;
(i)
interferes with the use of the
services or Program by others; or
(j)
intentionally or unintentionally
violates any applicable local, state, national or international law, including
any regulations having the force of law;
(k)
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.
(l)
engages in activities, whether
lawful or unlawful, that We determine to be harmful to its operations,
reputation, goodwill, or customer relations.
(ii)
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.
(iii)
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.
(iv)
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.
5.
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.
6.
Disclaimers and Limitations on
Liability.
(i)
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.
(ii)
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.
(iii)
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 and/or data.
(iv)
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.
7.
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
the Program.
8.
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 regulation.
9.
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
prosecution.
10.
Termination of Agreement.
(i)
Any violation of the terms and
conditions of this Agreement is ground for immediate termination of Your Account
and Your registration with Pennyful.
(ii)
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.
(iii)
You may terminate Your Account,
password and registration at any time by sending an email or calling Our
customer support.
(iv)
We reserve the right to terminate
Your Account, password and registration, if Your Account has been associated
with any legally questionable activity.
(v)
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.
11.
Notice.
All Pennyful notices will be given by email, registered postal service or by
general posting on the Site.
12.
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.
13.
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.
14.
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.
15.
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.
16.
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 or canceled.
[Terms and Conditions last
updated on 27/09/12.]