Terms Of Service
Terms of Service
This Legal Agreement is BETWEEN PENNY SAVER and REGISTERED BUSINESS MERCHANT seeking usage of the platform and shall be effective from the 13TH day of July 2019.
WHEREAS Penny Saver is a digital savings platform, specializing in Affiliate Marketing.
WHEREAS the Retailer is desirous of using the Penny Saver platform for the purpose of marketing its products and services to customers.
AND WHEREAS Penny Saver has agreed to make the platform available, and the Parties have agreed to be bound based on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and undertakings herein contained, the Parties hereby agree as follows:
- “Party” refers individually to either Penny Saver or Retailer.
- “Parties” refer collectively to both Penny Saver and Retailer.
This Agreement shall be in force until terminated earlier by the Parties. Accepting and checking the acceptance box of the form, the Retailer expressly agrees with the content of this legal Agreement.
- Use of Platform
- In order to use the Penny Saver Savings Platform, the Retailer hereby agrees to the following:
- Retailer shall be responsible for maintaining the confidentiality of the Retailer’s account, as well as the activity that occurs under the account.
- Penny Saver will not be responsible for any loss or damage suffered as a result of a breach of the account by third parties.
- Retailer hereby agrees not to engage in any of the following acts:
- Committing, aiding, perpetuating a criminal offense, send or spread Trojan, virus, worm or any technologically dangerous and heinous materials or substance on this website.
- Corrupt data, hack into any aspect of the service or cause a provocation on other website users.
- Sending spam [i.e. unsolicited advertising or promotional materials] or a plot to disrupt the performance of the computer facilities of or accessed through this application.
- Uploading obscene and corrupt photos or videos like pornography.
- Wrong use of the website in any way that may occasion or cause harm to the website or contrary to the stipulated applicable laws and regulations.
- That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Collect personal data about other users for unlawful purposes.
- License Grant
Penny Saver hereby grants the Retailer a limited, non-exclusive, non-transferable, revocable, fully paid-up license (without any right to sublicense) during the Term of the Agreement, to use the Marketplace for your own internal use and solely for the purposes identified in the Agreement.
- License Considerations
- Retailer hereby grants Penny Saver, the right to Market the Retailer’s offer and products through its website and social media platforms.
- The retailer shall provide Penny Saver with special offers and Penny Saver shall promote the Retailer’s offers through digital and social media marketing methods.
- The Retailer understands and acknowledges that paragraph 5(b) above does not connote a warranty, covenant or assurance that the Marketing conducted by Penny Saver will eventually boost or increase sales for the Retailer.
- In promoting Retailer’s products, the Retailer grants to Penny Saver the rights to branding and creating promotional content using logos and trademarks to put out to the public.
- Coupons are redeemable only by a consumer purchasing the product(s) indicated, including, but not limited to the brand, quantity, and size indicated on the coupon.
- Retailer and Penny Saver understand that Coupons may not be reproduced, photocopied, mutilated, trimmed or altered in any way by the retailer or any Party, including but not limited to counterfeiting, tears, gang cuts, and mint condition, other evidence of taping or sequential numbering patterns.
- Coupons are only redeemable using the Penny Saver platform.
- The Retailer undertakes and warrants to enter accurate figure, code and transaction value while logging in the credentials and validating the code. This ensures accurate data reporting for both merchants and marketing purposes.
- The Retailer shall compensate and be responsible for any loss suffered by the Penny Saver as a result of inaccurate credentials and transaction code entered by the Retailer.
- Coupons must be presented at time of purchase. Coupons presented after the purchase transaction has been completed shall not be honored.
- The Parties collectively agree that for coupon to be validly redeemed, it must be validated through the Penny Saver system, and any attempt to do this outside of the Penny Saver’s system, will render the coupon invalid and void; and subject to the discretion of Penny Saver, such an act may be considered as fraud.
- Indemnification and Liability
The Retailer shall indemnify Penny Saver from but not limited to any damages, claims, loss, and expenses including reasonable attorney’s fees arising out of any act or omission of Retailer or the breach of any provisions of this Agreement by the Retailer.
Any provision of this Agreement that is held invalid or unenforceable shall not affect the remaining provisions of this Agreement and such other provisions shall remain valid and enforceable while the other invalid provisions or severed provisions shall be negotiated by the Parties and brought within the applicable laws.
- Entire Agreement
This Agreement constitutes the entire Agreement between the Parties and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other Agreements, whether oral or written, relating to the subject matter of this Agreement.
- Binding Agreement
The covenants, obligations, and conditions herein contained shall be binding on and inure to the benefit of the heirs, legal representatives, and assigns of the Parties hereto.
Any modifications on any part of this Agreement shall be invalid and unenforceable except both Parties expressly agree to such in writing.
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- Governing Laws
This Agreement shall be governed and construed in accordance with the laws of Saint Lucia.