1. ACCEPTANCE OF TERMS

    Penefit provides its services subject to the Terms of Service which may be updated at any time without notice. The Terms of Service can be found at http://www.penefit.com/terms.

  2. TRADEMARKS, NAMES, AND LOGOS

    All trademarks, names and logos used on this site or delivered via Penefit services are owned by Penefit (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of Penefit services or this site. Without Penefit’s prior permission, you agree not to display or use in any manner, the Penefit trademarks, names and logo.

  3. CHARGES AND RETURNS

    The Penefit service currently only includes features without charges from Penefit. By purchasing from a merchant to earn reward, you are purchasing from the promoting merchant and agree to the terms designated by each promotion. Any reward given by the merchant are provided by the merchant and you agree to the terms designated by each reward. Any rewards given by a third party providers for a promotion are provided by the third party and you agree to the terms designated by each reward. Penefit is not responsible for refunds if a merchant or third party provider goes out of business or discontinues service with Penefit.

  4. DESCRIPTION OF SERVICE

    Penefit provides a Mobile Service and Web Service to track loyalty purchases with participating merchants. You may redeem products for each respective reward campaigns at the participating merchant according to the terms set by the promotion. You may receive exclusive rewards or promotions in conjunction with their loyalty actions.

  5. MOBILE SERVICE

    You are required to use the latest version of the Mobile Client in order to use the Mobile Service provided by Penefit. The Mobile Client may only be download from official channels provided and approved by Penefit. Only supported devices as defined by the issuing marketplace may use the Mobile Client. Penefit is not responsible or obliged to support any devices that do not meet these standards.

  6. CONTENT

    The promotions displayed within the Mobile Service and Web Service are created by Penefit. Comments made are generated by its users. Images or posts made by its users and submitted to the application or acquired in conjunction with the service shall grant Penefit royalty free rights to those images or content and that Penefit may use those images or content for promotional or other means as determined by Penefit. Penefit may or may not pre-screen content, but Penefit shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any content that is available via the service. User comments stored may contain content that people find objectionable, inappropriate, or offensive. Penefit does not assume responsibility for the content presented in the Mobile Service or Web Service.

  7. SUBMISSIONS

    Penefit encourages your comments and suggestions regarding the Mobile Service and Web Service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent by you to Penefit shall be and remain the exclusive property of Penefit. Your submission of any such Comments shall constitute an assignment to Penefit of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Penefit will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Penefit expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.

  8. YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the Malaysia, the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Penefit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Penefit has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

  9. Penefit PRIVACY POLICY

    Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.penefit.com/privacy-policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and Malaysia and/or other countries for storage, processing and use by Penefit and its affiliates.

  10. MEMBER ACCOUNT, PASSWORD AND SECURITY

    Upon registration, you will generate a password and account designation or utilize the log in service of partner services such as Facebook to complete the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:

    1. immediately notify Penefit of any unauthorized use of your password or account or any other breach of security, and
    2. ensure that you exit from your account at the end of each session
    3. keep your account information updated and accurate. Penefit cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.

    You acknowledge, consent and agree that Penefit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

    1. comply with legal process;
    2. enforce the Terms of Service;
    3. respond to claims that any Content violates the rights of third parties;
    4. respond to your requests for customer service;
    5. protect the rights, property or personal safety of Penefit, its users and the public.

    You understand that the technical processing and transmission of the Service, including your Content, may involve

    1. transmissions over various networks; and
    2. changes to conform and adapt to technical requirements of connecting networks or devices.

    You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Penefit and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

    You acknowledge, consent and agree that Penefit may retain your account information and Content without limit to a specified retention period. At any time you may opt out of receive notifications from Penefit through its messaging channels include but not limited to email, push notifications and SMS.

  11. TERMINATION

    You agree that Penefit may, under certain circumstances and without prior notice, immediately terminate your Penefit account, any associated reward, and access to the Service. Cause for such termination shall include, but not be limited to,

    1. breaches or violations of the Terms of Service or other incorporated agreements or guidelines,
    2. requests by law enforcement or other government agencies,
    3. a request by you (self-initiated account deletions),
    4. discontinuance or material modification to the Service (or any part thereof),
    5. unexpected technical or security issues,
    6. extended periods of inactivity,
    7. engagement by you in fraudulent or illegal activities,
    8. nonpayment of any fees owed by you in connection with the Services.

    Termination of your Penefit account includes:

    1. removal of access to all offerings within the Service, including but not limited to www.penefit.com and Penefit text messaging services,
    2. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
    3. barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Penefit’s sole discretion and that Penefit shall not be liable to you or any third party for any termination of your account, any associated messages and Penefit codes, or access to the Service.

  12. THIRD PARTY APPLICATIONS, SERVICES AND CONTENT

    The Service may provide, or third parties may provide, content or services either through the Mobile Client or through a link from the Mobile Client to the Third Party Application. Because Penefit has no control over such content and resources, you acknowledge and agree that Penefit is not responsible for the availability of such content or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such content or resources. You further acknowledge and agree that Penefit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such application or resource.

  13. LINKS

    The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Penefit has no control over such sites and resources, you acknowledge and agree that Penefit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Penefit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

  14. DISCLAIMER OF WARRANTIES

    YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PENEFIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PENEFIT MAKES NO WARRANTY THAT:

      1. THE SERVICE WILL MEET YOUR REQUIREMENTS
      2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
      3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
      4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS

  15. LIMITATION ON LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT PENEFIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PENEFIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM:

      1. THE USE OR THE INABILITY TO USE THE SERVICE
      2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE
      3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
      4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

  16. PERSONAL USERS

    THE PERSONAL USER ACKNOWLEDGES THAT THE SERVICES ARE BEING PROVIDED WITHOUT CHARGE AND AGREES THAT IN ANY EVENT, Penefit’S TOTAL LIABILITY TO A PERSONAL USER FOR ANY AND ALL CLAIMS WHATSOEVER ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED S$50.

  17. MERCHANTS

    THE MERCHANT ACKNOWLEDGES AND AGREES THAT IN ANY EVENT, Penefit’S TOTAL LIABILITY TO A MERCHANT FOR ANY AND ALL CLAIMS WHATSOEVER ARISING UNDER OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THE MERCHANT TO Penefit UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS PRECEDING THE DATE OF FORMAL COMMENCEMENT OF ACTION BY THE MERCHANT IN RESPECT OF ANY CLAIM.