Account Holder Agreement

1. Introduction
This Agreement is a legal document, which sets out your rights and obligations, and those of MatchMyPocket ("we", "us" or "MatchMyPocket"), in relation to this site and the services offered by us through it (the "MatchMyPocket Service"). You must take the time to read and understand it before registering for the MatchMyPocket Service. By registering, you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 16 below.
People who register for the MatchMyPocket Service establish an "Account", and become "Account Holders".

2. The MatchMyPocket Service
The MatchMyPocket Service allows Account Holders to earn cashback on tracked purchases from retailers. To qualify for cashback, the retailer must confirm that the Account Holders purchase is tracked, genuine and successful (constituting a "Qualifying Transaction"), and your resulting referral fee must be received by us (becoming “Cashback” as a result).  When we refer to retailers, we mean sellers and suppliers of goods or services and other businesses that work with us (such as price- and quote-comparison services).
Our help pages and other service documentation available on the MatchMyPocket site provide further information about our service; you should consult them concerning queries or issues you may have about the MatchMyPocket Service.

3. Obtaining an Account
You must be at least 18 years of age to obtain an Account. A person may have no more than one Account. You must be a resident of the India to register for a MatchMyPocket Account.
You must register for the MatchMyPocket Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a bank account, Paypal account, credit card or other account into which you wish to receive payments (your Cashback Receipt Method), you (a) must ensure that you are, and remain, fully entitled to use that Cashback Receipt Method, and (b) confirm that you wish to receive cashback through that Cashback Receipt Method. You should keep this information updated through your Account. Alternatively, you will be credited with Gift Voucher/Promotion Codes or Coupons as provided by our vendors in your account.
Our Privacy Policy contains important information on how we deal with the personal information you provide through your MatchMyPocket Account, including information derived from activity through your Cashback receipt method.
Note that your Cashback Receipt Method (such as Paypal) may have rules about the maximum or minimum payment that you can receive through that Cashback Receipt Method.  
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.

4. Cashback
After an Account Holder successfully completes a Qualifying Transaction, and once we have received the resulting Cashback for that Qualifying Transaction, we pass that Cashback on to the Account Holder through his/her Cashback Receipt Method.
We will only pass back to the Account Holder the cashback that has been generated once we have first retained an amount of the referral fees earned in any Year (our “retention fee”); a "Year" is a twelve-month period commencing the date you become an Account Holder, and each anniversary of that date.
Please note that there are various circumstances in which a transaction with a retailer may not constitute a Qualifying Transaction, or Cashback may not result from it. Our help pages provide further information about these circumstances. 
There are various circumstances in which Cashback will not be payable to the Account Holder, and will be forfeited to us, namely:

  1. where the cashback payment that we receive is not attributed to a Qualifying Transaction or associated with an Account (such as where the Account Holder is not logged-in to the MatchMyPocket Service when making the relevant purchase)
  2. the transaction to which the Cashback relates is cancelled after it has been entered into (whether under the right of cancellation that applies to some sales made at a distance, or otherwise)
  3. the Cashback is attributed to an Account Holder or Account that has been:
    1. suspended by us under Clause 8 of this Agreement;
    2. associated with any fraudulent activity or any breach of this Agreement;
    3. used to make purchases on behalf of, or for the benefit of, any other person
  4. where the Cashback is held in, or attributable to, an Account that has been inactive for more than twelve months.

Our help pages provide further information about these circumstances.

5. Intellectual Property
By uploading or including any material on the MatchMyPocket Service, an Account Holder expressly grants:

  1. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the MatchMyPocket Service and any other interactive services through which we or our sub-licensee make the MatchMyPocket Service (or a service based on the MatchMyPocket Service) available; and
  2. to other Account Holders (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material.

You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the MatchMyPocket Service (including the material which is contributed by Account Holders or retailers) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the MatchMyPocket Service, or any of the material which is found on the MatchMyPocket Service unless properly licensed to do so by us.

6. Privacy policy
Our Privacy Policy forms part of this Agreement, and by entering into this Agreement you also give your consent to the way we handle your personal data under that policy. 
Given the global nature of the World Wide Web, please note that a posting on the MatchMyPocket Service may be accessible to Internet users around the world.

7. Our Role
MatchMyPocket is not a party to any transactions with retailers, and is not the seller or supplier of any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:

  1. the quality, safety, or legality of those goods or services available from Retailers; or
  2. whether the Retailer can or will supply and pass good title to any goods or services.

Account Holders should exercise no lesser degree of caution in entering into transactions with retailers than they would when entering into a similar transaction offline.
To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with retailers, including (without limitation) all claims and demands relating to uncompleted or completed transactions with retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with retailers.

8. Misuse
We reserve the right to suspend or terminate any Account Holders access to the MatchMyPocket Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.
An Account should be used only for purchases on the Account Holder’s own behalf, and not on the behalf of, or for the benefit of, any other person(s).
Account Holders must not enter into, or attempt to enter into, any transaction with a retailer or to gain Cashback (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a retailer’s offering, or (c) in breach of any terms and conditions applied by MatchMyPocket or the retailer to that transaction.
It is each Account Holders obligation to ensure that any material posted by him/her or associated with his/her Account:

  1. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
  2. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
  3. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  4. does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
  5. does not breach the rights of any person or entity (including any rights or expectations of privacy);
  6. where it constitutes feedback on a retailer, is accurate and fair; and
  7. does not advertise any goods or services.

If you see or experience anything on the MatchMyPocket Service that appears to infringe any of the above requirements, we would like you to inform us by using our contact form.
Each Account Holder acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Account Holders - to be in breach of this Agreement.

9. Contact from third parties
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:

  1. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
  2. to respond promptly and accurately to it, should we pass the message to you for a response.

10. Additional services
We or our partners may offer new or additional services through the MatchMyPocket Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the MatchMyPocket Service in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

11. Operation of the MatchMyPocket Service
We reserve the right to withdraw, modify or suspend aspects of the MatchMyPocket Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the MatchMyPocket Service. There may also be times when the MatchMyPocket Service becomes inaccessible as a result of technical difficulties experienced by MatchMyPocket or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the MatchMyPocket Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the MatchMyPocket Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the MatchMyPocket Service; however, we will never ask you for your password via email, telephone, or any other means other than through the www.MatchMyPocket.com website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

12. Liability

  1. We warrant that the MatchMyPocket Service will be provided with reasonable care and skill with the intention of meeting our specifications for the MatchMyPocket Service, but we cannot and do not guarantee that the MatchMyPocket Service will meet your requirements.
  2. MatchMyPocket shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
  3. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
  4. Subject always to sub-Clause e. below, MatchMyPocket shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. MatchMyPocket's aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you obtain your Account, shall be limited to the retention fees payable by you to us in respect of that twelve-month period (but without limiting our obligation to pay Cashback to Account Holders to the extent provided in this Agreement).
  5. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
    1. for any loss of revenue, business, anticipated savings or profits, or
    2. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the MatchMyPocket Service or other non-performance of this Agreement or otherwise.
  6. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
  7. For the avoidance of doubt, MatchMyPocket will not have liability to you or any other person in respect of material contributed by Account Holders, transactions (or non-transactions) with retailers, or any activity or communication relating to such material or transactions.
  8. The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.

13. Indemnity
You agree to indemnify MatchMyPocket against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a retailer.

14. Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of MatchMyPocket assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

15. Entire Agreement
This Agreement is intended to contain your entire agreement with us relating to the MatchMyPocket Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the MatchMyPocket Service, except for any fraud or fraudulent representation by either of us.

16. Changes to this Agreement
We reserve the right to change this Agreement from time to time, and post the new version on the MatchMyPocket Service. When we do so, we will post the new version of the Agreement on the MatchMyPocket Service, and the new version of these terms and conditions will take effect, and will govern the MatchMyPocket Service and your relationship with us:

  1. commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the MatchMyPocket Service; or
  2. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.

17. General
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and MatchMyPocket are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

18. Law
This Agreement, and our relationship with you and each Account Holder, is governed by the laws of India.
You and we each submit to the non-exclusive jurisdiction of the New Delhi courts in relation to disputes arising in connection with this Agreement.

19. Keeping this Agreement
We don't separately file the individual Agreements entered into by Account Holders when they register for the MatchMyPocket Service. You can access it at www.MatchMyPocket.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.
We are Shelin Publications, and our address for correspondence and queries is MatchMyPocket.com, N-26 (FF), Malivya Nagar New Delhi-110017.

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