The following conditions apply to the use of the Penny Pinch service.
Effective Date: January 1st, 2020
Acceptance of Terms
Penny Pinch, Inc. and their subsidiaries and affiliates (hereinafter referred to as "Penny Pinch", "we", "us", or "our") provide a digital coupon marketplace in St. Lucia (the "Services") which includes, and is accessible via, (i) the websites published at https://www.mypennypinch.com, (and any other websites owned or operated by us with Penny Pinch or by Penny Pinch branding that link to these Terms) (collectively, the "Sites") and (ii) mobile-device applications owned or operated by us that are branded as Penny Pinch by Penny Pinch and link to these Terms (collectively, the "Applications"). The Services, for example, allow users to access coupons of certain third-party merchants ("Merchants") for online or in-store use.
Promotions as hereafter defined are available to individual users of Penny Pinch who are residents of St. Lucia and at least eighteen years of age. Participation in any Promotion and the opportunity to earn Rewards from any Promotion are offered at the sole discretion of Penny Pinch. Penny Pinch has the right, in its sole discretion, to change these Promotion Terms in whole or in part at any time, without notice. Purchases for resale or commercial use are excluded from eligibility.
Cash Back Rewards and Wallet Terms
Key Promotion Conditions and Definitions
“Reward" means a Rewards Offer by a merchant in which a set of rules must be applied to activate the reward.
"Available Reward" means a Reward offered under an Available Rewards for which Penny Pinch has determined that you: (1) met the eligibility requirements; (2) completed the required purchase(s); and (3) satisfied all other applicable conditions in order for the Reward to become eligible for redemption.
"Eligible Payment Card" means a Visa, American Express or Mastercard credit or debit card (subject to limitations with debit card transaction eligibility described below). Some Visa, American Express, and Mastercard cards are not Eligible Payment Cards including, without limitation: Visa, American Express or Mastercard Corporate cards, Visa, American Express or Mastercard Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare cards (including Health Savings Account (HSA) or Flexible Spending Account (FSA) cards), insurance prepaid cards, Visa Buxx, and Visa-branded cards whose transactions are not processed through the Visa U.S.A. payment system.
"Excluded Items" means any and all items that fall within categories, if any, specified on the Promotion Landing Page (e.g., the "Terms & Conditions" section) as being excluded from the Minimum Purchase Amount. For example, the purchase of a gift card or prepaid card from a Merchant will not generally count towards the Minimum Purchase Amount because the purchase of such cards from a Merchant is an excluded category. The determination of whether particular purchases fall within an excluded category will be determined at the merchant’s sole discretion. If you are unsure whether a desired item falls within an excluded category, please check the details section of the applicable and direct any questions to our website "Contact Us" form prior to making your online purchase.
"Cash Back" means Rewards that Penny Pinch either (i) tracks through your card-linked purchases and may sometimes be referred to as "Card-Linked Cash Back," Card-Linked Cash Back Rewards," or (ii) provided after once a Qualified Transaction has taken place and may sometimes be referred to as "In-Store Cash Back" on the Penny Pinch app.
"Linked Card" means an Eligible Payment Card that you have registered with Penny Pinch.
"Merchant" means the merchant that is specified on the Promotion Landing Page.
"Minimum Purchase Amount" means the amount specified on the Promotion Landing Page as the minimum purchase amount from the Merchant that is required to be eligible for the applicable Rewards Offer. The Minimum Purchase Amount excludes discounts/promos, store points/rewards programs, tax, tip, fees, and any amount used to purchase Excluded Items.
"Payment Services Provider" means the applicable Eligible Payment Card issuer, payment network or platform, or third party authorized by an Eligible Payment Card issuer or payment network or platform.
"Promotion Landing Page" means the website or app page that describes the Promotion and links to these Promotion Terms.
"Qualifying Transaction" means a purchase that is (a) in an amount greater than the Minimum Purchase Amount; (b) from a participating Merchant; (c) in connection with a Rewards Offer; (d) made with a Linked Card or submitted through a Receipt; and (e) in Penny Pinch’s sole discretion, satisfies all of the Promotion Terms.
"Redemption Process" means the steps you must take, as specified by Penny Pinch in its sole discretion, in order to redeem Approved Rewards. The Redemption Process is further described below.
"Reward" means a reward given by a merchant to you for fulfilling the requirements of the Promotion, as specified on a Promotion Landing Page.
"Cashback Wallet" means the user interface associated with your Penny Pinch account that will show the running total or you wallet balance.
"Third-party Service Providers" is as defined in Section VI below.
How to Earn Cash Back
A. In-Store Cash Back Rewards - Wallet Scanning.
In order to earn cashback on your qualifying purchases, you must present your wallet or coupon promotion qr code to the merchant. On presenting the Qr code, the merchant will process a redemption and registering your purchase through the Penny Pinch platform. When a redemption has been made successful, your wallet balance will update with the processed cashback.
B. Bonus Rewards & Giveaways
From time to time, Penny Pinch may offer a Giveaway rewards to Penny Pinch members who complete a qualifying activity or who meet certain criteria. For example, Penny Pinch may offer a "My First Time" Bonus Reward to new members who make redemption for the first time or refer a friend through the referral program implemented in the mobile app. In order to earn a Bonus Reward, you must satisfy all criteria set forth for earning the Bonus Reward as well as the requirements of these Promotion Terms during the promotion period for the Bonus Reward. Penny Pinch, in its sole discretion, may adjust the promotion period and/or the bonus amount for Bonus Reward, at any time, without notice. All decisions by Penny Pinch are final and binding on you. Bonus Rewards are a limited time offers and all criteria must be satisfied within the dates of the promotion.
Returns, Approvals, and No Ownership
For any Offer, if you return or exchange the items purchased, complete your purchase before or after the Promotion Period, initiate a purchase that results in a chargeback, or fail to satisfy a Minimum Purchase Amount, or any other conditions specified on the Promotion Landing Page or Rewards Offer Card, Penny Pinch reserves the right to invalidate or withdraw all or part of the Rewards Offer and cash back issued. The determination of whether or not a purchase qualifies for the Offer and whether applicable conditions have been satisfied is at the sole discretion of Penny Pinch. In the event of a dispute, you may be required to provide your order confirmation as proof of purchase. The timing of when Penny Pinch will issue an Approved Reward will vary based on a number of factors. These factors may include the type of Promotion pursuant to which a Reward is offered and your account activity as a member of Penny Pinch. For example, Penny Pinch may generally issue some types of Approved Rewards within 45 calendar days from the date of the Qualifying Transaction, but, in some cases, may require a longer time period. Penny Pinch reserves the right, in its sole discretion, to determine the order and timing in which to process its confirmation of eligible purchases. Rewards may be limited where participation exceeds the Total Rewards Offers available during Promotion or in other cases, as determined by Penny Pinch in its sole discretion. Penny Pinch also reserves the right, in its sole discretion, to reevaluate Approved Rewards, at any time, without notice, including, but not limited to, whether purchases qualify for the Promotion and whether applicable conditions have been satisfied, and Penny Pinch, in its sole discretion, may adjust or withdraw any Rewards Offers or any Approved Rewards, at any time, without notice. All decisions by Penny Pinch are final and binding on you.
Participating in a Rewards Offer does not give you ownership or any other legal claim to any Reward unless and until Penny Pinch, in its sole discretion, determines that you have met all eligibility criteria and fulfilled all requirements for the Promotion and you have completed the Redemption Process. Rewards Offers are provided solely by Penny Pinch and are not underwritten or funded by any other third party. You may not make any claims for Rewards Offers against Merchants or any other third party. Notwithstanding that Rewards Offers may include offers of cash, prior to redemption as provided under Section V, Rewards Offers and Approved Rewards have no monetary value and you may not obtain any money or any other thing of value for any Approved Reward or participation in any Rewards Offer unless and until you complete the Redemption Process and a payment has been issued by Penny Pinch for Approved Rewards redeemed under Section V.
Wallet and Redeeming Rewards
A. Forced Redemptions
You are responsible for ensuring compliance with any limitations or requirements specified by Penny Pinch from time to time, including, but not limited to, requirements to redeem Approved Rewards that exceed amounts specified by Penny Pinch. Penny Pinch reserves the right, in its sole discretion, from time to time, to cause the redemption of Approved Rewards.
Abuse and Cancellations
Use of any automated means or more than one account to participate is prohibited and will result in disqualification. In the event of any dispute as to the qualification of potential recipients of a Reward, the authorized account holder of the email address provided to Penny Pinch at the time the account was created will be deemed the qualified recipient. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential recipient of Rewards may be required to show proof of being an authorized account holder.
Wallet Top Ups
A user may use their debit or credit card to issue a digital top up to their E-Wallet and make payments at registered merchants. This digital wallet value cannot be withdrawn out of the platform and can only be used for making payments for purchases at registered merchants.
A processing fee of 4.0% +.30C USD will be charged on wallet top ups made through the Penny Pinch platform.
To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Penny Pinch ("Account"). You represent and warrant that all information provided by you to Penny Pinch is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.
For additional information on the terms of participating in our online community, please visit our Community FAQ.
B. Password and Security
As a registered user of the Services, you may receive or establish a user name and one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Penny Pinch immediately if you become aware of any unauthorized use of your Account(s).
C. User Generated Content
Penny Pinch does not pre-screen or regularly review all user contributed content ("Submissions"). Penny Pinch reserves the absolute right (though not the obligation) to edit or remove, without notice, any Submissions. Penny Pinch disclaims (i) any warranty that it will edit, remove, or continue to display any Submissions and (ii) any liability for editing, removing, or continuing to display any Submissions. Penny Pinch does not have an obligation to respond to complaints or investigate complaints.
By posting any Submissions, you represent and warrant:
(a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the posted content, or
(b) such posted content is in the public domain, or
(c) your use of such posted content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual or proprietary property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.
You also agree not to post any of the following types of content to the Sites or Applications:
(a) adult content, pornography, explicit sexual images, or nude images;
(b) content that is offensive, defamatory, threatening, harassing, intimidating, explicit, vulgar, or obscene;
(c) content promoting discrimination, bigotry, racism, hate, harassment, harm, abuse or destructive actions;
(d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content;
(e) content promoting pirated software;
(f) content intending for phishing or spreading malware;
(g) content that is disparaging of any person or entity;
(h) content that is in violation of any law or regulation; or
(i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us.
You agree that all of Penny Pinch's trademarks, trade names, service marks, and other logos and brand features that are displayed via the Services (collectively, the "Marks") are trademarks and the property of Penny Pinch. You agree not to display or use Penny Pinch's Marks in any manner without Penny Pinch's prior permission, including but not limited to as a part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Penny Pinch has any relationship with that third party or that such third party endorses the Services or Penny Pinch.
D. License to Penny Pinch
By posting or contributing Submissions, or by providing any feedback, testimonials, suggestions, ideas, and other submissions to Penny Pinch, you are granting Penny Pinch a non-exclusive, royalty-free, perpetual, irrevocable and worldwide license to use such content in connection with the operation of the Services and for any purpose whatsoever, including, without limitation:
(a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, disclose, edit, translate, modify, adapt, create derivative works from and reformat such content, and/or to incorporate it into a collective work, and
(b) the right to sublicense any or all of Penny Pinch's license rights to others.
You acknowledge and agree that such rights are granted without paying you any compensation and without any further obligations or restrictions.
You further waive any and all moral rights in and to such content in favor of Penny Pinch. For greater certainty, this means that, among other things, Penny Pinch has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Acts Against the Services
Penny Pinch hereby grants you a limited, personal, non-exclusive, non-commercial, non-transferable license to access and use the Services as provided by Penny Pinch solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:
(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party;
(b) causing, allowing, or assisting any other person to impersonate you;
(c) sharing your password or login with any other person;
(d) logging onto a server or Account(s) that you are not authorized to access;
(e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
(f) emulating or faking usage of the Services;
(g) violating or attempting to violate any security features of the Services;
(h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Sites or for data mining or automated data submission;
(i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
(k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Penny Pinch;
(l) tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(p) accessing the Services through unauthorized connections;
(q) harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(r) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(s) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
(t) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(u) deep-linking to any portion of this Services without our express written permission;
(v) acting illegally or maliciously against the business interests or reputation of Penny Pinch or the Merchants promoted via the Services;
(w) hyperlinking to the Services from any other website without our initial and ongoing consent;
(x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Penny Pinch, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(y) reselling or repurposing your access to the Services or any purchases made through the Services; or
(z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Penny Pinch to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Penny Pinch, including without limitation, aggregating current or previously offered coupons or deals.
Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
Penny Pinch hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet.
A. Information Accuracy
Penny Pinch makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services ("Coupons") or that any Merchant will honor or acknowledge any such Coupons. Penny Pinch is not responsible for providing any value for any Coupons. Penny Pinch is not responsible for the change of information at Merchants, including, but not limited to, rebate information, pricing, availability or fitness for use. You understand that Penny Pinch does not and cannot review all material made available through websites linked or linking to any part of the Services.
C. Trademark Information
You agree that all of Penny Pinch's trademarks, trade names, service marks, and other logos and brand features that are displayed via the Services (collectively, the "Marks") are trademarks and the property of Penny Pinch. You agree not to display or use Penny Pinch’s Marks in any manner without Penny Pinch's prior permission, including but not limited to as part of a domain name or any other identifier. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Penny Pinch has any relationship with that third party or that such third party endorses the Services or Penny Pinch.
D. Intellectual Property Ownership
All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Penny Pinch or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Penny Pinch or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as Submissions, text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, other material, and software (the "Works") are the property of Penny Pinch, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Penny Pinch owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not use, copy, adapt, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, license, participate in the transfer or sale of, transfer, publicly display or perform, transmit, broadcast, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Penny Pinch and its licensors irreparable injury, which may not be remedied at law, and you agree that Penny Pinch and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
You acknowledge and agree to indemnify and hold Penny Pinch, its affiliates, and their respective directors, officers, employees, agents, or other representatives, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party arising out of (a) your use of the Services, (b) your Submissions, (c) your violation of these Terms, (d) the infringement by you or made under your Account(s) of any intellectual property or other right of any person or entity or (e) any products or services purchased by you in connection with the Services. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you.
Disclaimer, Release, & Limitation of Liability
THE SERVICES AND ANY SUBMISSIONS, CONTENT AND INFORMATION PROVIDED ON OR ACCESSIBLE FROM THE SERIVCES, ARE PROVIDED BY PENNY PINCH ON AN "AS IS" AND "AS AVAILABLE" BASIS. PENNY PINCH MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS AVAILABLE VIA THE SERVICES, OR E-MAIL SENT FROM PENNY PINCH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE PENNY PINCH FROM ANY AND ALL CLAIMS OR LIABILITY (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY) RELATED TO: ANY PRODUCT OR SERVICE OF A MERCHANT; ANY ACTION OR INACTION BY MERCHANT; MERCHANT’S FAILURE TO COMPLY WITH APPLICABLE LAW; PARTICIPATION IN A PROMOTION; USE OR MISUSE OF ANY REWARDS OFFER; OR ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
THE MERCHANTS ARE FULLY AND SOLELY RESPONSIBLE FOR THE CARE AND QUALITY OF ALL GOODS AND SERVICES THEY PROVIDE TO YOU AND FOR ANY AND ALL INJURIES, ILLNESSES, DAMAGES, CLAIMS, LIABILITIES AND COSTS ("LIABILITIES") THEY MAY CAUSE YOU TO SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART, WHETHER RELATED TO THE USE OR ACTIVATION OF A REWARDS OFFER OR NOT.
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY YOU, TYPOGRAPHIC ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE PROMOTION OR RECEIPT OR USE OR MISUSE OF ANY REWARDS. IF FOR ANY REASON YOUR PURCHASE IS NOT RECORDED, ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR CORRUPTED, YOUR SOLE REMEDY IS TO COMPLETE ANOTHER PURCHASE DURING THE PROMOTION
C. Limitation of Liability
TO THE EXTENT ALLOWED BY APPLICABLE LAW, PENNY PINCH, ITS AFFILIATES, LICENSORS, VENDORS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES PENNY PINCH AND EACH PAYMENT SERVICES PROVIDER ("RELEASED PARTIES") HEREBY DISCLAIM ANY LIABILITY TO YOU IN CONNECTION WITH YOUR PARTICIPATION IN A PROMOTION, INCLUDING ANY ACTIVATION OF A REWARDS OFFER OR REDEMPTION OF ANY REWARDS. THIS INCLUDES, WITHOUT LIMITATION, ANY GOODS OR SERVICES SOLD IN CONNECTION WITH A REWARDS OFFER, HONORING OR FULFILLING A REWARDS OFFER, THE MERCHANT WHOSE GOODS OR SERVICES ARE THE SUBJECT OF A REWARDS OFFER, OR THE FAILURE OF PENNY PINCH OR A PAYMENT SERVICES PROVIDER TO PROVIDE ANY NOTIFICATIONS OR ENGAGE IN ANY MONITORING DESCRIBED HEREIN, TO APPROVE THE REWARD FOR A QUALIFYING TRANSACTION, OR TO PROVIDE ANY UPDATES ABOUT A REWARDS OFFER OR REWARD.
IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL AND INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SERVICES, PROMOTIONS, ANY SUBMISSIONS, THE APPLICATIONS OR SITES, OR A THIRD PARTY’S COUPONS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PENNY PINCH WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
THE LAWS OF CERTAIN JURISDICTIONS 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.
By agreeing to these Terms, you agree to resolve any and all disputes with Penny Pinch and relating to any Promotion(s) as follows:
A. Initial Dispute Resolution
Most disputes can be resolved without resort to litigation. You can reach our Customer Support by sending an email to: firstname.lastname@example.org. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our Customer Support, and good faith negotiations shall be a condition to either party initiating arbitration or, where applicable, a lawsuit.
B. Binding Arbitration
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
The Tribunal shall consist of one arbitrator and the seat, or legal place, of arbitration shall be Barbados. The governing law of the contract shall be the substantive law of St. Lucia.
You acknowledge and agree that any violation or breach of the Terms may cause Penny Pinch immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Penny Pinch reserves the right, in its discretion, to immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Penny Pinch in law or in equity, Penny Pinch may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction. Notwithstanding the above, you agree that Penny Pinch shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
D. Class Action Waiver
The parties further agree that arbitration or, where applicable, litigation shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PENNY PINCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis.
E. 30-Day Right to Opt Out.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to email@example.com with the subject line, "MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you participated in a Promotion subject to any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Penny Pinch also will not be bound by them.
F. Changes to This Section.
Any changes to this section will only become effective sixty (60) days after the revised Effective Date of these Terms and only will apply prospectively to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled "Mandatory Arbitration and Class Action Waiver," and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence when you participated in the Promotion(s) at issue.
G. Express Survival.
The Mandatory Arbitration (19.B.) and Class Action Waiver (19.D.) sections shall survive any termination of the Promotion program covered by these Terms.
A. Third Party Legal Notices
Certain features of the Services are subject to third party terms and conditions.
Our Applications for Android-based mobile devices utilize the Google Maps Android API and, as a consequence, are subject to the legal notices published at this link
Our Applications for iOS-based mobile devices ("our iOS App") is subject to the following terms imposed by Apple, Inc. ("Apple"): (i) these Terms are between Penny Pinch and you only, and not with Apple. Apple is not responsible for our iOS App and the content thereof; (ii) your license to use our iOS App is limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the usage rules set forth in Apple’s App Store terms of service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS App; (iv) in the event of any failure of our iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our iOS App; (v) Apple is not responsible for addressing any claims of yours or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that our iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any other applicable third party terms when using our iOS App (e.g., your wireless data service agreement); and (ix) Penny Pinch and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
B. Termination of Service
Penny Pinch disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Penny Pinch reserves the right to modify, add or discontinue any aspect, content or feature of the Service, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you. Your continued use or accessing of the Services following the posting of any such changes to the Terms constitutes your acceptance of the changed Terms. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Sites, Applications or Services, including but not limited to all content, services, digital products, tools or products, and any other acts engaging in unlawful or inappropriate conduct using the Services, is hereby expressly prohibited.
C. International Use
Although the Services may be accessible worldwide, we make no representations that materials on the Services are appropriate or available for use in locations outside of St. Lucia. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Penny Pinch may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
ANY PROVISION OF THESE TERMS AND CONDITIONS THAT BY ITS NATURE IS REASONABLY INTENDED TO SURVIVE BEYOND TERMINATION OF THESE TERMS AND CONDITIONS SHALL SURVIVE.
Damages For Violations Of Section 14(d)-(z)
In addition to any injunctive relief discussed above, if you are involved or cause others to be involved in behavior that violates Section 3.5(d)-(z) above, you agree to pay to Penny Pinch the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by such a violation of these Terms for which you bear responsibility. Further, you acknowledge that, for violations of Section 2.5(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating Section 3.5(d)-(z), you agree to pay liquidated damages to Penny Pinch as described in the schedule set forth in Section 8.7 below.
Furthermore, you agree that the amounts of liquidated damages described in Section 8.7 below are reasonable estimates of Penny Pinch’s damages for violations of Section 2.5(d)-(z).
You further agree that, to the greatest extent permitted by applicable law, every remedy described by these Terms, including the liquated damages set forth in Section 8.7, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
Liquidated Damages Schedule For Violations Of Section 14(d)-(z)
For purposes of this schedule of liquidated damages, "Item of Content" means each and every Coupon of any type featured on the Penny Pinch website by Penny Pinch or any user (or any other third party in any manner). Each Coupon that is featured on the Penny Pinch website is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.
For purposes of this schedule of liquidated damages, "Instance of Unauthorized Conduct," or "Act" means each individual time Penny Pinch’s servers are accessed in connection with or in facilitation of a violation of Section 14(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated in below, each day Penny Pinch’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.
For each violation of Section 14(d)-(z), you agree to pay liquidated damages to Penny Pinch in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.
A. $50 Per Item of Content copied in Violation of Section 14in Violation of Section 14(h) or (k)
You agree to pay $50 per violation for each Item of Content accessed or obtained via Penny Pinch (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Sites of Penny Pinch or for data mining or automated data submission or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Penny Pinch.
B. $100 Per Instance of Unauthorized Conduct in Violation of Section 14(d)-(e)
You agree to pay $100 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity.
C. $1,000 Per Instance of Unauthorized Conduct in Violation of Section 14(f)-(g)
You agree to pay $1,000 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services.
D. $10,000 Per Instance of Unauthorized Conduct in Violation of Section 14(h)-(z)
You hereby acknowledge that certain technology can be misused to facilitate harm to Penny Pinch, its users, and/or its affiliates on a massive scale.
You agree to pay $10,000 for each:
(1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Sites or for data mining or automated data submission;
(2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services;
(3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services;
(4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Penny Pinch;
(5) Act of tampering with the operation, functionality, or the security of the Services, including any non-public areas of the Services;
(6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected or any other technological measures;
(7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures;
(8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services;
(9) Act of accessing the Services through unauthorized connections;
(10) Act of harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Services by electronic or other means;
(11) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services;
(12) Act of engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Services;
(13) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(14) Act of deep-linking to any portion of this Services without our express written permission;
(15) Act of acting illegally or maliciously against the business interests or reputation of Penny Pinch or the Merchants promoted via the Services;
(16) Act of hyperlinking to the Services from any other website without our initial and ongoing consent;
(17) Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Penny Pinch, including using the Services or any of its contents, including Submissions, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
(18) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or
(19) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Penny Pinch to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Penny Pinch, including without limitation, aggregating current or previously offered coupons or deals as set forth in Section 14(f)-(z).
If you have any questions or comments about these Terms, please contact us at the following address:
Penny Pinch Inc.
Customer Service Support
If you need Customer Service Support for our Penny Pinch Services, please contact: Support@mypennypinch.com
Penny Pinch Inc.