ChaChing: Website Terms & Conditions

Terms of Service (“Terms”) Terms last revised: October 2023. For the way your data is collected, processed and stored, see: PrivacyPolicy[1] . Thank you for using ChaChing. Inorder to protect the rights and interests of yourself, other users andChaChing, please read the following Terms carefully before you register withthe Site, transact with ChaChing or the Site, other users or use the Services. These Terms of Service (“Terms”) govern the use of the ChaChing’s mobile or other applicationsand the website made available or operated by ChaChing from time to time andother directly related services offered from time to time by ChaChing. ChaChingis owned and operated by ChaChing Me Inc. (“we”, “us”, or “ChaChing”). “You” or “User” refers to You as advertiser user of the Site or Services. BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS.PLEASE READ THEM CAREFULLY. 1. Acceptance of Terms; General Information By registering with, or using, theSite or any related application or Services, User expressly agrees to be boundby these Terms and represents that User, and any person acting, or purportingto be acting, on User’s behalf in connection with the Site and the Services, isauthorized to agree to the Terms and transact and interact as provided forherein. These Terms represent a legal document and govern the rights andobligations between ChaChing and User as well as dealings with other users andother relevant parties. ChaChing reserves the right to refuse any party the useof the Site or Services with or without reason and is not responsible if You oranyone on Your behalf or utilizing Your credentials accesses the Site or usesthe Services in any manner that violates applicable laws and regulations orthese Terms. Access to this Site and use ofServices are for Your own commercial use only. The Site is offered and madeavailable for commercial use only to users which legally operating enterprisesin good standing or if natural persons who are 18 years of age or older; anyrepresentative of a commercial user is required to be 18 years or older. Byusing the Site, You represent and warrant that You are of legal age and oflegal capacity to enter into a binding contract with ChaChing and any thirdparty referenced on the Site or through the Services and meet all relevantfurther eligibility requirements. If you are a legal entity, You represent atthat you are validly incorporated and existing and are duly represented. If Youdo not meet all of these requirements for whatsoever reason, You must notaccess, register or use the Site. ChaChing does not knowingly collect ormaintain personal information from persons under 18 years of age or lackinglegal capacity. The Site and the Services are for Yourown use only, and You may not resell, lease, or provide them in any other wayto ayone else. Definitions Unless otherwise provided forherein, defined terms shall have the following meaning ascribed to them. “Add-On Fees” means fees in addition to the Fee;such fees (if any) may be charged by ChaChing in accordance with fee schedulespublished by ChaChing from time to time on the Site. It is User’sresponsibility to continually consult the Site for updates to the feeschedules. “Advertiser” means a user interacting with the Site for the purposeof selling or promoting goods and services and soliciting Consumer interest andpurchases irrespective of whether its own goods and services or as agent,distributor or otherwise representative of a merchant. “Cash Back” has the meaning provided for in Clause 7.i. “Consumer” means a User interacting with the Site for the purpose ofparticipating in ChaChing programs by purchasing goods and services. “Eligible Payment Card” means payment cards eligible forregistration as payment method by a User; not all Visa, MasterCard, and American Express cards are eligible for registration - including PIN based purchases on debit cards transactions on which should be authorised via signature and not PIN in order to be participate. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate. “Fair Use” has the meaning provided for in Clause 5.ix. “Fee” has the meaning provided for inClause 7.i. "Fidel” means Fidel Ltd, a Service Provider for Consumer related transaction data as further provided for in the Terms.“Linked Payment Card” means an Eligible Payment Card registered andlinked to the User account in accordance with these Terms. “Listing” has the meaning provided for in Clause 5.xi. “Payment Card Networks” means, inter alia, Visa, MasterCard and American Express. “Personnel” means any officer, employee,contractor or consultant of ChaChing. “Reward(s)” has the meaning provided for in Clause 7.1. “Services” means the Site, including, inter alia, operation of anyof its functionalities, and any other directly related services offered fromtime to time by ChaChing. “Site” means the ChaChing online or mobile applications and website madeavailable or operated by ChaChing in connection with its Cash Back and Rewardsplatform and program from time to time. “Supplier” means a third party provider of services to ChaChing forthe purpose of operating the Site, Services or any aspect connected thereto,including, inter alia, the provision of transaction data for the Cash Back andReward programs. “User Team” means any personnel interacting with the Site on behalfof or otherwise with the knowledge of User or directly or indirectly usingUser’s access data or access infrastructure in connection with a Listing or aproposed transaction. “Verification” shall havethe meaning provided for in Clause 5.iv. “ChaChing Entities” shall have the meaning provided for in Clause18.ii. 2. Scope of the Terms i. In addition to the provisionscontained in these Terms, the privacy policies, statements, rules for use, andother relevant policies announced by ChaChing on the Site from time to timeconstitute the content of the Terms, which shall be incorporated by referenceand have the same effect as these Terms. Where such privacy policies,statements, rules for use and other relevant policies are incompatible withthese Terms, the more specific provisions, and absent that the more recentprovisions, shall have pre-eminence. ii. If You do not agree to be bound by any of these Terms, You shall notregister or use the Site or the Services in any way. 3. Changes to Terms i. Based on various factors suchas, inter alia, compliance, legal and regulatory environment, business environment, security, streamlining,enhancement of User experience, or industry practice, ChaChing may in its sole discretion at any time unilaterally makechanges to the Site, the Services, their features or functionalities, or adjust or change thecontent of these Terms without consent of, or liability to, the User, eventhough these changes may affect Your user experience or the Cash Back or Rewardsor otherwise Services ChaChing provides to you. ii. In case of any adjustment ofor change to the Terms, ChaChing will seek to notify User in accordance withthese Terms and any applicable privacy policy or privacy statement or rules ofuse by electronic mail or statement on the Site or on the User accountinterface. Other than in case of statement on the Site, notification will bedeemed sufficient and delivered if sent or otherwise made to User’s contactdetails on file with ChaChing or to in-account messaging functionalities (ifany) of the Site. iii. It is User’s responsibilityto keep User’s contact details up to date. If User does not agree to anadjustment of or change to the Terms, User shall immediately cease using theSite or Services. If User continues to use the Site or Services, User shall bedeemed to have agreed to the adjustment of or change to the Terms then ineffect. iv. All changes provided for inthis Clause 3 shall remain subject to mandatory applicable laws andregulations. Where laws and regulations are mandatory for a specific geographicregion, service or user, they shall apply to such area, service or user only. 4. Interaction with Participating Users and Third-Party Terms In access and use of the Site andthe Services, You may be subject to additional terms, rules, policies, andconditions. By using any part of the Site and using our Services, and relatedapplications, You allow ChaChing to share the relevant information about You orYour organization and Listing provided to us by You when registering and operatingyour Listing, Rewards or Cash Back with our participating consumer users, brands,advertising partners, and service providers for purposes of operating your listings,promotions and eventual Cash Back or Rewards transactions and general ChaChingmarketing and advertising regardless of Your actual interaction such otherpartners.5. Account registration; Usage; Security i. User shall be an individualwith full legal capacity for commercial use or a duly registered legal entityin good standing. User represents that no action has been taken that could leadto User being declared or found insolvent, bankrupt or being wound up orotherwise deregistered and no petition therefor shall be threatened or pending.Where User is a legal entity, the individual acting on behalf of the Userrepresents, and by continuing to use the Site is deemed to have represented, onits own behalf and that of the User, to at all times be appropriatelyauthorised by User to act on such User’s behalf in taking actions and makingand receiving notifications. User agrees to be bound by the actions of the UserTeam and that all actions by, and information obtained by, its representativeand User Team are fully attributable to User. If any User or member of UserTeam is a person not of legal age or under assistance or a person who hasbecome subject to an order of guardianship, preliminary, permanently orotherwise, User shall not be registered, or seek registration, or continue toaccess its account, until the consent of the legal representative, guardian orassistant is obtained and evidenced to the satisfaction of ChaChing. If anyindividual’s capacity is deficient, User shall be jointly liable with suchindividual’s legal representative, guardian, or assistant, especially if, interalia, such legal representative, guardian, or assistant has failed tosufficiently and diligently ensure that such person did not have access toelectronic media allowing him/her to access the Site or Services. ii. User agrees to provideaccurate and complete personal data and company data, as the case may be, whenregistering the account, and shall update such data at any time there is anychange. If information provided by the User is false or not updated in goodtime, resulting in direct or indirect damages to ChaChing, User agrees to holdChaChing harmless of such damages including related legal and enforcementcosts. As part of the registration, it is mandatory that User provides ChaChingwith User’s MID or merchant identification. iii. At no time shall User or UserTeam use an account or communication name, or otherwise post content, that maybe deemed unlawful, unethical, seeking to pass off, in breach of the Terms oruser rules of the Site or Service, or otherwise be considered as intentionallyoffensive. iv. After User completes theapplication for account registration, ChaChing may conduct detailed or cursoryuser verification (“Verification”)either directly with its own resources or through third party services such as,inter alia, payment card providers, payment card and company verificationtools. User authorizes ChaChing to conduct such verification enquiries and communicateinformation to such third party providers for this purpose. ChaChing may at anytime during or after the account registration process conduct further in-depthbackground and verification checks into User’s personal, business, or company details, UserTeam members or goods and services offered or promoted by User in connectionwith the Sites and Services and Listings thereunder. Following successfulregistration, User will obtain use of the Site or Services. v. You authorize ChaChing and third party providers to share consumer payment card information with the relevant Payment Card Network in connection with the execution of ChaChing’s Services to track consumer transactions with You and your affiliates and ensure compliance with ChaChing’s relevant consumer terms and these Terms. You authorize such Payment Card Network to monitor transactions on your registered card(s) and on card(s) registered by consumer users to identify qualifying purchases in order to determine whether such have qualified for or earned Cash Back or Rewards linked to the relevant payment cards, and for such Payment Card Network to share such transaction details with ChaChing and its third party providers to enable card-linked offer(s) and target offers of the ChaChing Platform that may be of interest to consumer users. You may opt-out of such transactions and monitoring by navigating to your settings menu to remove your linked card(s); however, this may result in your ineligibility for participation in ChaChing’s core functionality. We currently use third party providers and the Payment Card Networks to monitor card transactions for user participation in the ChaChing Platform. Your agreement to the ChaChing Terms authorizes such third party providers and the Payment Card Networks to monitor the transactions made with registered Eligible Payment Cards at participating ChaChing consumer users to confirm qualified transactions. The data collected can include registered card identifiers, merchant ID, merchant location, transaction date/time and amount. vi. By registering a payment card as Advertiser You authorize ChaChing to process and share your payment card information with the relevant payment card issuer and operator for the purpose of participating in ChaChing’s Platform, make relevant payments for Services, and enable ChaChing to effect and, as applicable, recharge to your payment card recharged Cash Backs or Rewards in relation any refunds by You to consumer users non-compliant with these Terms in connection therewith. You authorize the relevant payment card issuer and operator and ChaChing to monitor transactions on Your registered card(s), identify transactions and record transaction data. In case You choose wire transfer as payment method for payments and refunds, You authorize ChaChing to communicate and share information, including, inter alia, account, company and transaction data, with the relevant Consumers as well as with Your bank service provider to the extent required to effect the relevant verifications and transactions required to effect the administration of any Cash Back and Rewards.vii. Use of the Site is granted to the initial applicantonly. It is prohibited to temporarily or indefinitely donate, borrow, rent,transfer, sell the account or otherwise make the account, username, or passwordaccessible to any individual or legal entity other than User. User and UserTeam, if any, shall take the necessary actions and precautions to safeguardaccess information and account details and only access the site from a secureenvironment and through legally licensed software and duly authorized andsecure internet access. viii. Subject to the Terms and all applicable rules, laws andregulations, ChaChing may grant User a limited, revocable, non-transferable andnon-exclusive license to access, use or display the Site content (excludingsoftware source codes), only for User's good faith business use and relatedonly to the due and good faith use of the Site or Services. User shall notaccess, use, reproduce, redistribute, copy, adapt, modify, license, sell, transfer, publicly display, publicly execute,transmit, broadcast or otherwise develop derivative works of the Site or Services or the Site’s orServices’ content, or links to third party services contained therein, orotherwise use such content to compete with, or further third parties’competition with, the Site or the Services, unless expressly otherwise permitted by the Terms. If User downloadsor prints a copy of the content of the Site or Services for permitted use,ChaChing shall retain the exclusive copyright and other proprietary noticeprompts related to the downloaded or printed content. User, User Team or anyoneaccessing the Site may in no case scrape, crawl or otherwise use spiders,software or other devices to collect any content, user information, or Listing informationother than expressly provided for in these Terms.ix. User and User Team, if any, shall choose sufficiently strongpasswords and keep the registered account access information and accountsecurity properly safeguarded. If User has any indication, suspects or findsthat the account may have been illegally accessed or used or that there is anyabnormal situation that could adversely affect the security of the Site orsecurity of the use, User shall notify ChaChing immediately. ChaChing mayimmediately suspend in whole or in part registration, access, transactionactivity and subsequent processing of the account. ChaChing shall in no case beliable to compensate User, User Team or any third party in connection with themanagement, maintenance, operation or security of the User account, including,inter alia, in case User details, such as log-on credentials or passwords, areused or accessed by a third party. x. User agrees to use the Site ingood faith, reasonably, and with due regard to the interests of allparticipants and users to maintain ChaChing operational as a safe and efficientenvironment for all consumer and advertiser users (“Fair Use”). xi. All actions or omissions of anyone accessing the Useraccount, including User Team, if any, are at all times fully attributable toUser irrespective of knowledge of User, legality of access, or any direct orindividual liability or accountability of the person conducting such actions. xii. If User wishes to advertise or promote the sale ofgoods or services to consumer users, such Advertiser may create, or enableChaChing to display, a post or listing of an advertising or sales campaign (“Listing”) with details of the goods andservices including, inter alia, product details, actual or generic images, salesand delivery conditions, prices, coupons and rebates, communication details,links to the Advertiser’s merchant sites to conclude the sale of such goods andservices, and set the campaign budgets as provided for herein. User shall enableChaChing to effect, and shall at all times caused to be maintained, theembedding of a tracking pixel or other functionality as required by ChaChing fromthe merchant concluding the sale and shall ensure that all merchant salesdetails, including refunds, are being communicated in real time to ChaChingboth by the User’s merchant and by the provider of the payment card utilized bythe consumer user for payment of the original sale and receive credit of therefund. Upon creation of a Listing by suchUser, ChaChing will, subject to these Terms and in its discretion, enable theListing to be viewed by Users. ChaChing may further make the content of theListing available for review to users not yet registered on the Site or tothird party service providers or online websites or apps including, inter alia,through links or promotions. ChaChing may further use information related tothe Listing and related transactions, product or usage specific filterinformation in promotions of the Site, Services or Listings. xiii. Currently, ChaChing does notallow the Listing of products for which payment is taken from stored valuemechanisms or through any form credit arrangements provided with involvement ofthird party credit providers.6. Contents of this Site i. As an advertising platform, theSite functions only for consumer users to search offers for goods and servicesand for Advertiser User to post Listings, advertisements and promotions. Consumerusers thereafter conduct transactions directly with the relevant vendors onlineon the vendor websites or offline through physical transactions or acombination thereof. Any resulting sales transactions shall be agreed andperformed by the relevant consumer users directly with the relevant vendors. ChaChingis not a party to such transactions. ChaChing will serve only to administerpromotions, rebates, cash back, rewards or awards related to such transactionsin accordance with these Terms. Your dealings or correspondencewith, or participation in promotions of, parties other than ChaChing, and anyterms, conditions, warranties or representations associated with such dealings,are solely between you and such third party. You shall however keep ChaChinginformed in real time and without delay of any returns, refunds or any otherclaims of similar nature. You shall upon refund or return not effect apayment to, or accept a claim from, the relevant consumer user or any thirdparty for any amounts representing all or a portion of Cash Back or Rewards receivedby the consumer from ChaChing; in case you refund any amount to the consumeruser in full, you shall only effect such refund within 30 days from originalpurchase and only to the payment method, i.e., specific credit card used aspayment method for the original purchase in full. All third party content, includingwithout limitation, any descriptions andimages of, and references to, third-party products or portions of the Site orServices available in connection therewith, advice, review, recommendation oropinion, offer, promotion or coupon, grocery or other product, service, retailer, recipe, drug, and healthinformation is provided on or through the Site or Services for informationalpurposes only, and should not be construed to indicate that any such third party content is endorsedby us, nor is there any representation or warranty by us that the third partycontent is reliable, accurate, timely, complete, effective, or safe for youruse. All third party content, including without limitation, any descriptions,images, references, features, content, specifications, products and prices ofproducts, and services and values of any cash back, coupon, offer or promotionfeatured through the Services are subject to change at any time without notice.ii. Users may post or transmitinformation about various goods or services or offers and promotions on thisSite, but they are unable to enter into binding transaction contracts withother users on this Site. Anytransaction contract, if and when concluded, only exists between the relevant usersor users and third parties as parties to the transaction. ChaChing does nothave any actual or contractual relationship, participation or involvement with,or duty of care to, the users in connection with such prospective or actualtransactions resulting from the operation or provision of the Site or Servicesin any form save only as expressly provided for in these Terms. iii. The Site or Services maycontain testimonials, reviews or statements provided by users or third parties.Such content is provided to the Site by such users or third parties and wedo not control nor independently verify the testimonial content. If you have objectionsor otherwise wish to notify ChaChing of any comments or queries in relation tosuch testimonials, reviews or statements, you may do so without delay to legal@chaching.me and include ‘Submission Review’ in the subject line;without such designation, ChaChing will not be able to attempt timely review.Irrespective of such notification and actual review, in no case shall ChaChingbe held liable for any action or omission or lack of action or timeliness in respectthereof and these shall remain entirely in ChaChing’s discretion.iv. If any of the followingcircumstances occur in connection with a Listing or in connection with goods orservices offered or promoted on or through the Site, ChaChing may at any time,with or without notice, remove any or all related information. User shall notoffer or promote: • Items that may be deemedprohibited or restricted by relevant laws and regulations in any relevantjurisdiction • Items that may be deemed toinfringe on intellectual property rights of any nature or interfere with otherlegitimate rights of others • Items that may be deemed to be, orto be connected to, market abuse, illegal multi-level marketing or marketmanipulation, may be deemed insincere, culturally or racially offensive,propagating hate or discrimination or substance abuse of any kind in anyrelevant jurisdiction, in violation of human rights, harmful to minors, harmfulto public health and safety, or subject to boycotts, embargos or sanctions • Items that may otherwise adverselyaffect the operation of the Site or Services or be prohibited in any relevantjurisdiction. v. It is expressly stated andunderstood by User that, while ChaChing may at its discretion conduct highlevel or spot checks or may have certain measures in place to assist it inidentifying contraventions, ChaChing does not as a matter of course conduct anydetailed and in-depth legal review of all promotions, advertising campaigns,Listings, or goods and services offered or terms related thereto nor does itprovide diligence on or is liable for vetting of consumer users. At no timeshall ChaChing be liable to User or any third party if adverse circumstancesmay have occurred or persisted for any amount of time prior to ChaChingbecoming aware of such content and, at its discretion, conducting a review orsuspending or removing such content. vi. If you at any time find that any content may be incontravention of above circumstances, please immediately contact: legal@chaching.mewith ‘contravention’ in the subject line and an in-detaildescription of the relevant circumstances including screenshots where possible; without such designation, ChaChing will notbe able to attempt timely review. ChaChing may in its sole discretion determinewhether and, if so, how to reply to such notification or provide any furtherinformation of its review process. Irrespective of receipt of such notificationand actual review, ChaChing shall in no case be held liable for any action oromission or lack of action or timeliness in respect thereof and these shallremain entirely in ChaChing’s discretion.vii. You may link to our homepage,provided You do so in a way that is in good faith, fair use, and legal and doesnot damage our reputation or take advantage of it, but You must notestablish a link in such a way as to suggest any form of association, approval,or endorsement on our part without our express written consent. The Sitemay provide certain features in connection with social media that enable Youto: i) link from Your own or certain third-party websites to certain content onthe Site, ii) send emails or other communications with certain content, orlinks to certain content, on the Site, or iii) cause limited portions ofcontent on the Site to be displayed or appear to be displayed on Your own orcertain third-party websites. You may use these features solely as they areprovided by us, solely with respect to the content they are displayed with, andotherwise in accordance with these terms and any additional terms andconditions we provide with respect to such features. Subject to the foregoing, Youmust not: i) establish a link from any website that is not owned by You, ii) cause the Site or portions of it to bedisplayed on, or appear to be displayed by, any other site, for example,framing, deep linking, or in-line linking, iii) link to any part of the Siteother than the homepage, iv) otherwise take any action with respect to thematerials on the Site that is inconsistent with any other provision of theseTerms. While ChaChing shall bear no liability whatsoever for the website to or fromwhich You are linking, or on which You make certain content accessible, it mustcomply in all respects with the content standards set out in these Terms. Youagree to cooperate with us in causing any unauthorized framing or linkingimmediately to stop. We reserve the right to withdraw linking permissionwithout notice. We may disable all or any social media features and any linksat any time without notice in our discretion. However, we cannot, and do notundertake to, review all material before it is posted on the Site, and cannotensure prompt removal of objectionable material after it has been posted.Accordingly, we assume no liability for any action or inaction regardingtransmissions, communications, or content provided by any user or third party.We have no liability or responsibility to anyone for performance ornon-performance of the activities described in this section. 7. Cashback Program; Rewards i. ChaChing offers You the abilityto use ChaChing’s Platform functionalities consisting of promotions, cash back,or other rewards (“Cash Back” or “Rewards”) for advertising orpromotions of sales of goods and services where resulting sales transactions arecompleted with the respective consumer user in accordance with ChaChing’s Terms,any specific terms agreed with you in, inter alia, your account setting fromtime to time, and subject to, as the case may be, Your or the relevant seller’sor merchant’s terms and conditions (which will in all cases be subject to theseT&C to the extent related to the ChaChing Site and Services). You agree to pay to ChaChing a commission(“Fee”) as compensation for referring consumers to You. We will give a significantportion of this Fee to consumer users as Cash Back or Rewards; the specificamount of such Cash Back or Rewards remains in ChaChing’s sole discretion butwill be agreed with you through your account setting or notified to theconsumer user by ChaChing in the Listing in accordance with your accountspecific terms (if any) will be a binding amount between yourself and ChaChing.The commission Fee will be payable by you to ChaChing within such time as isfurther set forth in your account page, but no later than 30 days followingdisbursement of the Cash Back or Rewards by ChaChing to the relevant consumeruser. You specifically authorize ChaChing to charge the full amount of theFee (plus taxes or charges, if any) to any credit card registered by you inyour account from time to time.Compensation received by ChaChingmay play a part in whether retailers and related goods and services appear onthe Site, where they are placed, the Cash Back or Rewards and how we promotethem. ChaChing does not currently sell, and does not transfer, identifiable personalor transaction consumer data to any third party not participating in orfacilitating the operation of ChaChing’s platform but may use or transferaggregated data to enhance its products and services. Participation in thisplatform and the opportunity to offer goods and services in connection with CashBack are offered at the sole discretion of ChaChing and subject to Yourcompliance with these Terms. Cash Back will be credited only in the amount clearlystated at time of Listing and purchase and only for items finally bought, notreturned and for a sale not reversed and you shall in your receipt for thegoods identify the sale having been subject to the ChaChing Cash Back. In case of a return or a reversedsale, consumer users shall in no case claim back, neither from Advertiser norfrom ChaChing, any portion, in whole or in part of the Cash Back received fromChaChing. You shall ensure that you remain informed by relevant consumer users ofthe Cash Back received. You shall in no case of return or sale reversal credit orreimburse Consumer with any amounts in excess of net amounts received by You,i.e., deduct all Cash Back amounts in full and immediately inform ChaChing ofsuch return or sale reversal. You shall not conduct, and Consumer shall notclaim, a return or sale reversal after a period ending on the earlier of: i)the date falling 30 (thirty) calendar days following the date of the sale orii) such earlier date as is in accordance with your standard store returns orsale reversal policies (if any); any returns or sale reversals after thatperiod shall be at the sole risk of the You and ChaChing is not required toparticipate in the relevant process. Consumer users have agreed and expressly consentedthat Advertiser will upon return or reversal of a sale offset any Cash Back fromthe return of sales price and expressly authorized You and ChaChing to billback any amounts unduly claimed on the relevant payment method including, interalia, charging respective credit cards used in the sale.ii. Online Cash Back In order for us to process CashBack for Your online transactions, you must have a corresponding Listing, concludea sale with the relevant consumer at the time of promotion, and complete the transactionduring the designated time frame and in accordance with all applicable termsand policies of ChaChing. You undertake to maintain technically required “cookies”in order for us to process the Cash Back or rewards including an appropriatetransaction tracking pixel or functionality; if You do not enable those, Youmay not be able to list and process the relevant advertisement or Cash Back promotionbecause such cookies may be required to authenticate the consumer user and verify such consumer user’s accountas eligible for the Cash Back. You undertake to maintain your payment system,i.e., credit card and bank details, on the system and up-to-date and herewithauthorize ChaChing to charge or debit all such amounts in respect of the Fee orotherwise hereunder as applicable.iii. General Cash Back In order for us to process CashBack for Your in-store rebate or discount through cash or offline transactions(including, inter alia, physical in-store transactions), You must upon sale usethe identification and verification method provided (such as, inter alia, scanning of the relevant QR code or useof coupon), conclude the transaction with the consumer at the time ofpromotion, and complete the sale transaction during the designated time frameand in accordance with all applicable terms and policies of ChaChing. iv. Rewards ProcessUpon sale of specific goods orservices qualifying for Cash Back according to the terms of that Listing, providedthe receipt clearly describes a qualifying product, we will provide theconsumer user the Cash Back in accordance with the Listing. If we are not ableto accept or process receipts from You resulting in cash not being availablefor submitting those receipts, we may not be able to process the Cash Back orReward. We do not accept receipts and will not award Cash Back or Rewards fortransactions that are not qualifying or have been concluded prior to beinglinked through the relevant Listing. ChaChing may limit the number of Cash Backor Reward submissions that can be processed by You or a consumer user for aperiod of time to a maximum quantity, as notified from time to time. v. Purchase and PaymentVerification Receipt scanning and purchaseverification software may not always be accurate; ChaChing may entirely rely oninformation received from You, and the timely, complete and accurate remittanceof information by You to ChaChing, including in particular (inter alia)transaction tracking information, payment information, merchant identification,and verification. If You deem transaction to be inaccurately collected orincomplete, or an item to be improperly identified or reflected, please use theappropriate platform protocols to process and resolve this inaccuracy withoutdelay. In the case this does not resolve the issue, please contact our supportteam. In some cases, the in-app correction processes may not be available forcertain receipt types in which the user should contact the support team.Furthermore, You may have a limited period of time, as stated on the platform,in which You are allowed to complete or correct such information or Yourreceipt(s). It is Your responsibility for reviewing Your submissions andinformation relayed and support material to confirm accuracy. ChaChing or anyother affiliated business, are not responsible for any inaccuracies in thisprocess, and resolution of inaccuracies. vi. Participation Requirements As a condition to participating asan advertiser in ChaChing’s Cash Back products in accordance with these Termsand make a Listing, You must: (i) establish and maintain in good standing atall times an active account with ChaChing; (ii) provide and maintain a valid email address and are able to receiveemail; (iii) provide a password to protect Your Account; (iv) provide andmaintain a Linked Payment Card and your updated merchant identification; (v)provide and maintain up to date Yourphysical address; and (vi) if so provided for in Your account registration, Yourvalid PayPal address. If You elect to make payment via PayPal, you must not usea PayPal account associated with another ChaChing account. A single PayPalemail address cannot be connected to multiple ChaChing accounts. Additionally, You must not be a resident ofor incorporated in a country subject to economic or trade sanctions by theU.S. State Department or U.S. TreasuryDepartment’s Office of Foreign Assets Control (“OFAC”) or be or have a personof significant interest or associate listed as a “Specially DesignatedNational,” a “Specially Designated Global Terrorist,” a “Blocked Person” orsimilar designation under the OFAC sanctions regime. You further agree to atany time provide additional information we may reasonably request to verify Youridentity. iix. Advertiser Undertakings You undertake to at all times provideChaChing with information on all Advertiser IDs (including online and offlinestores) and maintain these up to date. You further undertake to at alltimes observe the Best Offer Principle in Your Listings and, where required toadhere to the principle, update any relevant Listings. “Best Offer Principle”means that any goods and services offered or promoted through a Listing withChaChing are not offered or sold at better terms elsewhere by Advertiser or itsaffiliates (online or instore), i.e., better gross prices or conditions. In case ChaChing determines in its sole discretion thatYou offer goods and services elsewhere at better conditions, including, interalia, through the use of price comparison services, ChaChing reserves the rightto immediately and without prior notice to disable any related Listing, take itoff its Site or, in case of repeated failure to adhere, suspend the Advertiser.In case of such action ChaChing will not be required to reimburse Advertiserfor any costs or expenses or any amounts held by ChaChing in relation with suchListing. In case of returns and salereversals, you shall strictly adhere to the processes and procedures set forthin 7.i) above. ChaChaing shall in no case be liable for any double claims by consumersor failure by Advertiser or its affiliates to deduct from amounts credited orreimbursed any Cash Back received by consumer. In case ChaChing engages in anyaction to retrieve Cash Back amounts upon return or sale reversals, this will inall cases only be performed on a reasonable efforts basis and shall not requireChaChing to expend resources or funds. You must disclose your return andrefund policy (which must comply with Applicable Law) toChaChing in connection with aListing and to consumers on your website or application. All refunds must bemade to the same payment method used for the original transaction (unlessrequired by Applicable Law) and You must inform ChaChing immediately in case ofany refund. You must not make Refunds with cash if the original purchase wasmade using a card or any other payment method and shall strictly follow theinformation and setoff provisions contained herein.8. Costs; Fees; Payment i. Except for the Fee and feesexpressly stated by ChaChing in connection with the use of the Site andServices from time to time in the relevant fee schedules, there are currentlyno fees or charges to users for the use of the Site or the Services and anytransaction users may conclude with another user or third party as a result ofthe permitted use of the Site or Services. ii. User shall bear all taxes andfees (if any; in any applicable jurisdiction) arising from the use of the Siteor the Services, as well as the any reward or award program, exchanges,distributions. coupons, returns, related hardware, software, communication,network services, and other costs. iii. These Terms do not cover any salesterms directly and solely agreed between users, i.e., consumers and advertisersor merchants in connection withtransactions (if any) resulting from the use of the Site and Services whichremain exclusively between such parties; ChaChing is no party to thesetransactions in respect of payment orreceipt of considerations and has no liability or obligation whatsoever inconnection with these as further setforth herein, provided however, that ChaChing may administer, in whole or inpart, Cash Back, Rewards, award, rebateor coupon related to such transaction. iv. Once You complete accountregistration, You will be acting on the Site as Advertiser. At this time,ChaChing does not charge any general registration or usage fee; ChaChing mayfrom time to time change its fee structures and will update fee schedules onthe Site. When You post a Listing and interact with the Site and Services asAdvertiser, ChaChing may charge Advertiser a promotion or campaign fee and a commission Fee in an amount established in therelevant Listing and in accordance with these Terms. The purpose of the Fee isto provide the Service of effecting the Cash Back and Rewards and to operateand maintain the platform for You to conduct certain business in the promotionof goods and services. Unless otherwise expressly agreed in your Account andListing settings, the Fee will be payable upfront by You upon submitting theListing. Any promotional up front fee shall be fully or partially refundable ormaintained as credit for future promotions and transactions as determined byChaChing in case a promotional campaign does not conclude in full as providedfor in the Listing.v. Payment for the use of the Siteand the Services, .i.e., any Fee to ChaChing must be made in accordance withthe provisions contained in the Terms and fee schedules published by ChaChingfrom time to time by way of wire transfer, PayPal, direct debits, orauthorising automatic charges to Your credit card (“Automatic Payment”). vi. You authorise us to charge Youthe Fee automatically for Your chosen use and, if relevant, any applicableAdd-On Fees. Invoices or order confirmation serving as invoices and accountstatements, if any, are generated automatically for each transaction andsubject to any authorised Automatic Payment settings, payment of all fees isdue immediately. If the payment fails or is cancelled when due for any reason,including, without limitation, expiration or insufficient funds, You remainresponsible for any uncollected or returned amounts and we may immediately andwithout notice suspend or cancel Your use of the Site and the Services until full payment has been receivedand cleared, at which time access anduse will be reinstated in accordance with these Terms. There will be no refundsfollowing termination, expiration or good faith suspension. vii. Account invoices andstatements are system generated and can be viewed at any time by logging intoYour account. We reserve our right to review and change the Fees, includingAdd-On Fees. Any changes will be notified to User in writing (e.g. via email orposting in Your account) or by posting the changes in the relevant feeschedules of the Site. 9. User responsibilities and obligations; Advertiser Consents i. ChaChing may at any time investigate, verify or confirm theaccuracy of any registration data and User and User Team, if any, shall fullycooperate with such actions. ChaChing may at any time, with or without noticeemploy third party providers to conduct such investigation or verification. IfUser refuses ChaChing’s audit, ChaChing may at any time determine the User tohave terminated this agreement. ii. In case of an actual oralleged violation of the Terms by User, or attributable to User, ChaChinghas the right to take such actions itreasonably deems appropriate, including but not limited to, deleting, suspending or removing illegal, infringingand inappropriate content and Listings from the Site, terminating User'sregistration or accreditation, banning User from access or use of all or partof the Site or Services, and has theright to take appropriate legal action against User and User Team. ChaChing mayprivately or publicly communicate, and contract, such actions to third partiesas ChaChing deems fit. iii. All content, softwareprograms, picture arrangements, images, text compositions,trademark/identifications, service names and intellectual property rights ofthe Site and Services are owned or licensed by ChaChing, and shall not be used,copied, reproduced or otherwise processed without written authorization by ChaChing.iv. You represent and warrant thatYou have (either as owner or lawful licensee) all rights and licenses,including, inter alia, brand, image and trademark rights required for any suchitems to be contained and displayed in a Listing, or linked to by You, or anyListing created or maintained by You, your User Team or otherwise included inthe Site and that You grant ChaChing a limited but irrevocable license to operateand maintain such Listing. You confirm that You or anyone in violation or otherwiseunlawfully interfering with, those rights of ChaChing shall bear all legalliability and ChaChing may claim direct and indirect damages resulting in wholeor in part from such violation or interference including reasonable legal or enforcementcosts and expenses. v. You authorize ChaChing to publiclydisplay your Listing and relevant materials, including, inter alia, brands,trademarks, manufacturer details, images, text, product specifications, rebatesand Cash Back, and prices referenced or contained therein, and make referencethereto, to You, and the Listing in ChaChing’s marketing materials, ChaChingadvertising of the Site and the Services, including in case studies.10. User prohibited conduct User recognizes that the followingactions and conduct are specifically prohibited: • Using false information or usingothers' data or information; • Transfer, lease, or lend theaccount or account data to others for their use; • False or misleading description,advertisements or labelling of goods or services or other conduct that iscapable or designed to disrupt the purpose of the Site or good faith use byother users or third parties;• Using the Site in a way thatviolates any applicable federal, state, local, or international law orregulation (including, without limitation, any laws regarding the export ofdata or software to and from the US or other countries); • Impersonating or attempting toimpersonate ChaChing, a ChaChing employee, another user, or any other person orentity (including, without limitation, by using email addresses or user namesassociated with any of the foregoing); • Engaging in any other conductthat, as determined by us, may harm ChaChing, Payment Card Networks, thirdparty suppliers or users of the Site, or expose them to liability; • Stating or disseminating oradvertising or linking to content that is capable or designed to damage thepersonal or business reputation or business and property interests of ChaChingor other users or third parties; • Linking to or publishing on the Site content thenature of which is, in whole or in part, obscene, pornographic, promoting orenabling substance abuse or the trading of illegal substances, supportinggambling, violence, terror, or abetting hate or crime, fraudulent, or false anduntrue, insulting, slanderous, threatening or violating third parties’ privacy;• Accessing the Site or Servicesthrough expert systems, electronic agents, “bot” or other automated means; • Using scripts or disguisedredirects to derive financial benefit from ChaChing, the Site or the Services; and• Obtaining, deleting, altering, orinterfering with the electromagnetic records of computers or related equipmentof ChaChing, the Site or Services or others by way or data manipulation,phishing, computer programs or other direct or indirect physical,electromagnetic or other actions or means. 11. Breach of Terms i. If ChaChing determines that a breachor the Terms has, or may have, occurred, it may, at its discretion take anyaction it deems appropriate, including, inter alia, one or more of thefollowing: • In whole or in part suspend orterminate, temporarily or indefinitely, access to, or use of, any user accountwithout prior notice and without providing detailed reasoning; • Hide, modify or delete information posted by User; • Delete User’s account and account history; • Cooperate with authorities orpublic offices or third parties in any investigations of misconduct or breachincluding the provision of records of user details, account activities oraccess history ChaChing shall in no case be liable to any User, User Team orany third party for any disruption, inconvenience or damage that may arise fromthe actions set forth above. ChaChing shall not be required to provide copiesor statements of deleted or restricted account activity to User. ii. In case that User or User Teambreach the Terms and such breach in whole or in part results in direct orindirect damages to ChaChing or the Site, ChaChing may claim damages from User.iii. In case of any malware ormalicious attack, phishing attack, denial of service attack, data theft, orsimilar actions, where such actions are perpetrated by, or with the active ortacit aid of, or through the account or otherwise hardware or programs of User,User Team or User’s infrastructure or access data or as a result thereof by athird party utilizing any part of Site functionality or software vulnerability,the User and the third party (if any) jointly and severally accept liabilityfor any and all direct and indirect damages caused in whole or in part,including inter alia, loss of reputation, of ChaChing and, in addition,liquidated damages of no less than ten thousand US Dollars for each incidentand each user adversely effected. ChaChing may use any and all actions andmechanisms or software programs, cookies, trackers, intrusive or passive, toinvestigate and pursue and enforce its interests to the maximum extentpermitted by law; the party in breach or suspected to be in breach, or thethird party, specifically consents to the use of such tools by ChaChing orthird parties contracted by ChaChing. 12. Account suspension; Termination i. ChaChing may at any timeunilaterally decide to restrict, block, suspend, disable, or cancel all or partof User’s account. In case User has not logged into the account for an extendedperiod of time, ChaChing may deactivate the account. User may not deactivate anaccount or delete relevant payment methods on an active transaction thatremains subject to possible refund or sales reversal.ii. User can at any time suspendor terminate the use of the Site or the Services or request ChaChing toterminate or delete the account. If User requests deletion of the account,ChaChing may following deletion retain certain User and User Team data andaccount use history for a period of two years, or for such other period as is inChaChing’s determination required by any relevant policies, including interalia ChaChing data retention policy, accounting or auditing requirements, orapplicable laws and regulations, unless otherwise provided for in the relevantpolicies from time to time. iii. Termination or expiry shallnot affect any accrued rights or obligations. Clauses that by their nature are designed to create ongoing effect, suchas, inter alia, confidentiality, non-disparagement, protection ofintellectual property, use of informationor past access to unduly interfere with ChaChing’s platform, prohibiteduse, data retention, compliance, indemnifications,personal or transaction data processing by third parties, and thoserelated to dispute resolution, shallsurvive expiry or termination of User’s access to the Site or the Services fora period of three years or such other periodas is required to enable ChaChing to comply with its contractual, legal or compliance obligationsor best practice; ChaChing may amend such periods from time to time. 13. Service User understands and agrees thatChaChing may, in addition to procedures otherwise set forth herein, to themaximum extent permitted by applicable law use electronic documenttransmission, mobile phone SMS or email for service of written notices orservice of process, in each case utilizing and relying on the account dataprovided by User. 14. Intellectual Property Rights; Links i. The ownership of the Useraccount on the Site belongs to ChaChing. Text, graphics, editing contents,charts, designs, photos, images, logos, fonts, and other contents on the Siteare owned or licensed by ChaChing and protected by, inter alia, all applicablelaws and regulations or, where applicable, of jurisdictions of the respectivelicensor of ChaChing. User shall not engage in any act in violation of the lawsand regulations governing intellectual property rights. ii. Where the Site contains linksor redirects to third party content, whether or not licensed by ChaChing, orwhere User through its Listing links or redirects to its or third partycontent, User recognises that ChaChing does not control such third party contentor sites and agrees that ChaChing shall not be responsible for the availabilityor content of such sites, does not endorse them or make any representations inconnection therewith. User shall observe all terms and conditions related to such link or redirectand not take any action in breach of the intellectual property of contractual use of such User or thirdparty content or services or otherwise interfere with the good faith use, or terms of licensing, of such third partycontent or services and hold ChaChing harmless against any legal claims or demands or any direct orindirect damages ChaChing may suffer from such actions including, as the case may be, termination orsuspension, in whole or in part, of ChaChing’s or the Site’s access to such User or third party content orservices. 15. Confidentiality User who in connection with theiruse of the Site or the Services, including operation of Cash Back or Rewards,obtains or utilises information provided by ChaChing, the Site or by other users or service providers, including,inter alia, the Terms, Listings, personal or payment data or other informationof users or ChaChing that has not been publicly disclosed in good faith, shallkeep such information safe,confidential, only use it in accordance with the Terms and not disclosesuch information without the priorwritten consent of ChaChing or the relevant user or third party other than to comply with mandatory laws, rules andregulations. User shall be responsible and liable for any actions by User Teamor otherwise employees or representatives or anyone utilizing User’s accessdata or systems. 16. Limitation of liability; Disclaimer; Indemnification i. Neither ChaChing nor any Payment Card Networks or other payment process provideror otherwise Supplier shall be liable for any damages, direct or indirect, including consequential, User, User Team or any third party may suffer as a result,in whole or in part, of You using or accessing the Site or the Services, or anythird party site or service as a result of a link or redirect, including, interalia, loss or theft of data, system or data security breaches, system failureor disruption of service, malware or hacking, phishing attacks, damage toelectronic equipment, irrespective of whether these occur in whole or in partas a result of action by ChaChing or third parties, save only to the extentdirectly and solely caused by wilful acts of ChaChing. ii. ChaChing and any third party provider of ChaChing shall not be responsible or liable for any User, User Team orthird party conduct on the platform, nor shall it be liable for any damagesuffered by any person as a result of such User or third party conduct. iii. To the extent ChaChing and any third party provider of ChaChing is by virtue of law, these Terms, or otherwise found to have anyliability in connection with the Site,the Services, liability shall be limited to resupply of the Services and incase of any losses or damages (whether in contract, tort, or otherwise) nototherwise excluded by these Terms total liability will not exceed the totalamount of the fees or payments paid by User to ChaChing under the disputedtransaction. iv. ChaChing has no obligation to review content posted by You throughListings or otherwise on the platform or its transaction tools, and is in nocase responsible or liable for the content, authenticity and correctness ofinformation provided or posted by You or other users irrespective of whether ithas conducted a content review in specific cases. v. The content of the Site is inwhole or in parts uploaded, downloaded, provided or maintained by ChaChing, Youor third parties for access and use by other users. ChaChing only collects,arranges and displays the content through the Site in accordance with setprotocols and procedures making it available for review by other users. We takereasonable steps to provide the Services in a secure, timely, accurate andcomplete manner. However, it is possible that information provided through theSite or the Services may be incorrect or not current. Further, the Internethas inherent risks, and neither we nor any Service Providers can guarantee thatyour access to and use of the Site and the Services will be uninterrupted orerror free or that the Site, the Services, or sites to which they may link,will be free from incorrect information, loss, corruption, attack,interference, hacking or other security intrusion. You understand that wecannot and do not guarantee or warrant that files linked to or available fordownloading from the internet or the Site will be free of viruses or otherdestructive code. Further, ChaChing facilitates transactional communicationbetween and among users but has no part in such communication other than toadminister promotions, rebates, cash-back, rewards or awards related to suchtransactions in accordance with these Terms. Neither ChaChing nor any Payment Card Network or third party providerof ChaChing provides any representation, warranty, or guarantee of any naturein respect of the content thus displayed or for any communication between usersor for goods and services promoted or sold through ChaChing’s platform andadvertisers and merchants shall create and maintain Listing and enter intotransactions with consumers strictly at their own risk and shall take allrelevant precautions. vi. The goods and services thatyou advertise in connection with Cash Back or Rewards that may be awarded inconnection with ChaChing are not sold or endorsed by ChaChing, and ChaChing has no responsibility for them or for any loss or damage you orthe merchant may suffer from advertising or selling them. ChaChing is not responsible for typographical errors or omissionsrelating to pricing, text or imagery of a Listing. ChaChing is not responsible or liable for any loss or damage of anysort incurred in connection with Your promotions or Cash Back or Rewards relatedthereto. The Site, Services and the content provided through the website andmobile applications are provided on an “as is” and “as available” basis. Nowarranty of any kind, implied, expressed, or statutory, including but notlimited to the warranties of non-infringement of third party rights, title,merchantability, fitness for a particular purpose, and freedom from computervirus, is given with respect to the services, the mobile applications or anyhyperlinks to other internet resources. vii. You shall bear all risks andresponsibilities of advertising, promoting, or selling goods or servicesthrough the Site, and ChaChing shall not be responsible or liable for anytransactional risks, actions, undertakings, responsibilities or labilities. Advertiserin particular bears all risks and responsibilities in respect of saletransactions being rescinded or reversed and any returns, including inparticular, without limitation, adherence to the relevant payment andreimbursement processes and procedures related thereto as set forth in theseTerms including any risk of accidental, negligent, intentional or fraudulentoverpayment, doubly payment or repayment of Cash Back or Rewards in connectiontherewith.viii. You agree to defend,indemnify and hold harmless ChaChing, its affiliates, officers, employees, paymentsystems providers, providers and suppliers, and partners arising from orin any way related to any third partyclaims relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses orfees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Termsof Service or your use of the Services other than as expressly authorized inthese Terms of Service, your failure to adhere to returns or sale reversalprocedures, Your violation of the rights of a third party, or any negligentacts, omissions or intentional wrongdoing by You. Any such indemnificationshall be conditioned on the indemnified party (a) notifying You in writing ofany such claim, demand, action, cost, liability, loss or threat thereof; and (b)cooperating with You in the defence or settlement thereof. ix. The foregoing disclaimer ofwarranties, limitation of liability and indemnification provisions shall applyto the fullest extent permitted by law. x. Knowledge by any Personnel ofany fact or circumstance that could give rise to liability of ChaChing,criminal, regulatory or otherwise and in all case subject to these Terms, shallonly be attributable to ChaChing, if such fact or circumstance has beenexpressly identified and expressly brought to the attention of an officer ordirector of ChaChing in writing. xi. Neither ChaChing nor Personnel will ever request passwordinformation from a User and User and User Team shall not disclose such data toChaChing or any other user or third party. 17. Disputes between users i. In case of a dispute between oramongst Yourself, User Team and other users or third parties in connectionwith, or arising out of, access or use of the Site or Services, User and UserTeam may in their discretion seek a resolution of the dispute by the ordinarycourts in the appropriate jurisdiction solely in accordance with theirtransactional agreements. ii. User and User Team agree thatChaChing shall in no case be a party to such dispute save only where ChaChingin its sole discretion determines to join a legal action in which case ChaChingmay in its sole discretion determine the nature and terms on which it may jointhe legal action. ChaChing shall in no case be a formal arbiter of such disputeand shall not have any obligation to participate in, assist or otherwise join adispute between or amongst users or third parties or legal proceedings inconnection therewith. In case ChaChing in its sole discretion determines toparticipate in dispute resolution proceedings, the sole forum shall be theordinary courts in Delaware unless ChaChing otherwise consents in writing. iii. User and User Team agree andguarantee that User and User Team will not constitute or join legalproceedings, or otherwise claim liability, against ChaChing or its affiliatesin connection with any transactions between or amongst users or third partiesresulting from the use of the Site or the Services. 18. Governing Laws and Jurisdiction i. Any dispute or claim arisingout of or in connection with these Terms shall be governed by and construed inaccordance with English law. If you are incorporated in a country other than theUnited Kingdom, we may choose to seek interim relief or enforce any judgementin that relevant country. With respect to any disputes or claims not subject toarbitration, you agree to submit to the personal jurisdiction of the courtslocated in London, United Kingdom with respect to any legal proceedings thatmay arise in connection with the Service or from a dispute as to theinterpretation or breach of the Terms. ii. By using the Site or Servicesis site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether incontract, tort, or otherwise) you may have against The ChaChing, Inc and/or itsparent, subsidiaries, affiliates and each of their respective current or formermembers, officers, directors and employees (all such individuals and entitiescollectively referred to herein as the “ChaChingEntities”) arising out of, relating to, or connected in any way with theSite or the Services, determination of the scope or applicability of thisagreement to arbitrate, including any competence matters, will be resolvedexclusively by final and binding arbitration conducted in accordance with therules of the London Court of International Arbitration before one Arbitratormutually agreed to by the Parties, and if the Parties are not able to reach agreementon the Arbitrator within Fourteen (14) Business Days from first Party’sproposal of an Arbitrator to the second Party, then the Arbitrator shall upon arequest by either Party, be finally appointed by the Chairperson of theChartered Institute of Arbitrators, London Branch at the time. The competenceof the members of the arbitration tribunal shall be agreed within the contextof the abovementioned rules. The arbitration will be held in London (UnitedKingdom) with the proceedings being in English. The award of the Arbitratorshall be final and binding on the Parties. Each of the Parties shall bear itsown cost of preparing and presenting its case. The costs of the arbitratorshall be shared equally between the Parties. Notwithstanding the above provisions,either Party has the right to obtain timely injunctive relief from the courts. ChaChingmay continue with the operations of the Site and the Services the existence ofthe dispute notwithstanding. The arbitrator shall not have the power to awardpunitive damages against You or any ChaChing Entity. iii. You may not act as a classrepresentative or private attorney general, nor participate as a member of aclass of claimants, with respect to any claim in connection with the Site,Services or Terms. Claims may not be arbitrated on a class or representativebasis. You and ChaChing hereby waive any right to a jury trial of any claim. iv. THIS SECTION LIMITS CERTAINRIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURYTRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM,AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU ORCHACHING WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. 19. Miscellaneous i. If any provision of these Termsis finally found to be invalid or unenforceable by the competent courts, theremaining provisions of the Terms shall remain valid except that such provisionshall be interpreted in a manner closest meeting the risk allocation originallyintended and, only where such is not possible, be removed from the Terms. ii. You may not transfer or assignany of the rights or obligations contained in these Terms as they pertain to You.ChaChing may at any time assign or transfer all or part of the Site or Servicesand Terms, including accounts connected thereto, to a third party withoutUser’s consent if ChaChing in its sole discretion deems it desirable ornecessary for its business. ChaChing may without noticeassign, transfer or pledge any of its rights and obligations in respect of aspecific transaction hereunder, including, in particular but withoutlimitation, its rights to receive the commission Fee in respect of a Listingtransaction, for any purposes including, inter alia, financing and factoring; insuch case, ChaChing may continue to act towards You as collection agent for thecommission Fee thus assigned and transferred.iii. Any time allowed orindulgence or leeway given by ChaChing in exercising any right, power orprivilege in connection with these Terms shall not constitute a waiverhereunder, nor shall any single or partial exercise thereof preclude anyfurther exercise of any right, power or privilege. Any cause of action or claimyou may have arising out of or relating to these Terms or the Site must becommenced within one (1) year after the cause of action accrues; otherwise,such cause of action or claim is permanently barred. iv. Nothing in these Terms shallbe interpreted to create any agency, appointment, employment, joint venture, orfranchise. You agree that there are no third parties that have an interest inthese Terms. v. ChaChing operates the Sites andthe Services in the United Kingdom. ChaChing may, however, at any time employthird party service providers located in, or third party content generated in,third countries in which case ChaChing may transfer data (in accordance withChaChing’s privacy policies and privacy statement and other relevant policies)or receive and store User, Site or Service data and operate processes in suchcountries including customer and other services. vi. If you have any questions about these Terms or matters inconnection therewith or related to Site use or personal data protection, pleasecontact us at support@chaching.me, and we will seek to reply as soon as possible. vii. If You access the Site and Services from outside the United Kingdom,You shall carefully consult local laws and regulations to ensure Your actionsmeet required standards of compliance, customs and legality of access to the Site and Services,content and nature of purchase or procurement offers or tender offers in response thereto and Yourgeneral use of the Site and Services and conduct in connection with the ChaChing platform. If Youhave any reservations, queries or cannot positively establish full complianceand legality of Your actions or conduct, do not register, access or otherwiseuse or continue to use the Site or Services until you have sought appropriatelegal advice. Solicitation, trade, handling or otherwise promotion of certaingoods and services may be legal in your jurisdiction but not in the United Statesand vice versa. In no case can ChaChing be held liable or responsible forconducting such review or for any damages, fines or penalties resulting inconnection therewith and User shall hold ChaChing harmless from any damages,loss or liability in connection with such activities as further provided for inthe Terms.Link to PP

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Terms & Conditions

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Advertisers have benefited from your data for a long time, but it's your data: you should earn real money from your data.