Terms and Conditions
MAHNEE BUSINESS – Update of Terms & Conditions
With effect from the 15th of October 2018, Mahnee.com will not pay a ‘referral commission’ and ‘overriding top up commission’ to the person who sign-up their OWN BUSINESSES as their Merchant.
Our decision is due to the fact that each Merchant needs the support and assistance from their sponsoring Agent on how to use the app as a Merchant. Hence the servicing Agent rightly deserves the commission.
Mahnee, Inc. incorporated in Delaware, USA (“Mahnee”) offers, amongst other things, reward point(s) to Mahnee account holders for purchases made at Mahnee’s merchant partners through Mahnee’s various platforms including but not limited to its website, browser extension and mobile application (the “Mahnee Platforms”). The use of the services (the “Services”) offered on the Mahnee Platforms and accounts maintained with Mahnee shall be subject to these terms and conditions (the “Agreement”). This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with Mahnee. By using any of the Services or maintaining an account with Mahnee, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. Mahnee may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with Mahnee shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.
1. Service License
Subject to this Agreement, Mahnee hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the Mahnee Platforms and the Services solely use for your personal and/or business own by you. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. Mahnee reserves the right to change, upgrade or discontinue any or all of the Services or the Mahnee Platforms or any feature of the Services or the Mahnee Platforms, at any time, with or without notice. All rights not expressly granted under this Agreement are reserved by Mahnee and its licensors.
2. Mahnee Account
Some of the Services require the user to maintain an account with Mahnee. A user may create an account free of charge by providing the relevant details requested for. Use of the account and the Services (including the opportunity to earn reward point(s)) are offered at the sole discretion of Mahnee and subject to your compliance with this Agreement.
An individual shall not create or have control and/or custody over multiple Mahnee accounts. In particular:
(a) Each mobile number may only be linked to one Mahnee account;
(b) Each payment account (e.g. each bank account; each paypal account) may only be linked to one Mahnee account.;
A failure to abide by any terms and conditions, any fraud or abuse relating to the accrual or receipt of reward point(s) and/or other rewards, and/or any misrepresentation of any information furnished to Mahnee or its affiliates may result in your Mahnee account being flagged for suspicious activity and suspended or terminated and any reward point(s) accumulated being forfeited. You are responsible for regularly checking your account to ensure reward point(s) has been properly credited and that your account balance is up to date. You must notify Mahnee of any omissions, incorrect entries or discrepancies concerning any transaction within 30 days after that transaction. Mahnee reserves the right not to correct any omissions, incorrect entries or discrepancies brought to its attention after the 30-day period.
3. Earning Reward point(s)
Among services offered by Mahnee is the opportunity to earn reward point(s) on purchases made at our various merchant partners through our various Mahnee Platforms. Creating and maintaining an account with Mahnee is required before a user can start earning reward point(s). Crediting of reward point(s) is also subject to the various terms, conditions and requirements, express or implied, associated with the crediting of reward point(s) in general or terms, condition and requirements associated with the individual promotions that would be applicable. These terms, conditions and requirements include but are not limited to:-
(c) Requiring the user to have cookies enabled throughout when accessing the Mahnee Platforms and subsequently the merchant partner’s website;
(d) Not opening a separate tab or browser while accessing the Mahnee Platforms and subsequently the merchant partner’s website;
(e) Ensuring that after being redirected to the merchant partner’s website, the user completes the transaction before proceeding to any other website;
(f) Completing the purchase on the merchant’s website within a given period of time;
(g) Not engaging in any fraudulent or dishonest conduct and/or abiding by the terms of this Agreement or any other terms and conditions stipulated by Mahnee or the applicable merchant partner;
In addition, certain purchases may be excluded from reward point(s). In general, reward point(s) is earned on net purchase amount excluding shipping and handling. However, reward point(s) amounts and exclusions vary from merchant partner to merchant partner and individual promotions may contain specific exclusions. Please review these terms carefully. These exclusions are subject to change without notice, and Mahnee hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Some examples of typical exclusions include (but are not limited to):
(a) Reward point(s) not being eligible when purchasing promotional items or using other discount codes, coupons or other promotions;
(b) Reward point(s) only being eligible when the transaction is completed using specified payment methods; and
(c) Different tiers of eligible reward point(s) for different users (e.g. different tiers of reward point(s) for new users and existing users)
4. Merchant Partner Policies
Any products or services purchased from any merchant partner, whether through Mahnee or otherwise, is governed by and subject to the applicable merchant partner’s policies and terms and conditions, including but not limited to the applicable return, cancelation, exchange, and shipping policies. You agree that we are not agents of any merchant partner and that the merchant partner operates independently and not under our control. Accordingly, your participation in offers or promotions of, or correspondence with, any merchant partner is solely between you and that merchant partner. We do not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. Mahnee is not responsible for changes to, or discontinuance of any merchant partner from any of Mahnee’s platforms or the termination of any promotion offered by any merchant partner on any of Mahnee’s platforms, or for any effect on accrual of reward point(s) caused by such changes, discontinuance, or withdrawal. Mahnee assumes no responsibility and shall not be liable for any content, product and/or services on the merchant’s platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).
5. Top-ups and Deductions
Mahnee reserves the right from time to make top-ups and deductions from the balance in a user’s account where it is necessary, reasonable, or expedient to do so. This includes (but is not limited to) situations where reward point(s) has been incorrectly credited into a user’s account and/or where a user is found to have acted fraudulently, dishonestly, or in contravention of the terms of this Agreement.
6. Redeeming Reward point(s)
You may redeem your reward point(s) at any time subject to the terms and conditions of this Agreement or the specific conditions that relate to the individual entries in your account. You must have accumulated reward point(s) relating to a dollar value more than or equal to the minimum redemption amount indicated and communicated from time to time. In order to redeem your reward point(s), you must maintain an active account and provide the minimum relevant information required to process the redemption (e.g. a valid bank account number or a Paypal account).
7. Nature of Reward point(s)
For the avoidance of doubt, you do not gain any proprietary right over any monies or assets held by Mahnee when you earn reward point(s) in your account. The reward point(s) accrued in your account does not constitute monies held on trust by Mahnee for your benefit. Your rights and entitlements are solely limited to such personal or contractual rights of repayment as may arise out of this Agreement.
8. Termination of Account
The Reward point(s) accumulated in your Mahnee account shall expire if your account remains inactive (i.e. no successful transactions are made through Mahnee) for a period of more than a year. Mahnee reserves the right to suspend or terminate your account in accordance with Clause 13 below or where it is necessary or reasonable to do so in order to comply or satisfy and law, regulation or court
9. Personal Data Protection
10. Bonuses and Reward
Mahnee periodically offers bonuses or rewards for performing certain actions (such as referring new users to Mahnee). The terms and conditions accompanying such offers will govern how they are earned and paid. You are prohibited from bidding on keywords containing “Mahnee” or other similar words or marks for the purpose of driving traffic to you page. You shall not send any paid traffic directly to your referral link. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties.
You are responsible for any and all taxes that may apply to amounts earned from reward point(s) you have redeemed. Mahnee makes no representation as to the tax treatment of such amounts.
Mahnee may suspend or terminate your account if it has reason to believe are involved in any fraudulent or dishonest activities. Any failure to comply with this Agreement, any fraud, dishonesty or abuse relating to the use of the services or your account, or any misrepresentation of any information furnished to Mahnee or its affiliates by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued reward point(s) rewards.
13. Third Party Rights
A person who is not party to this Agreement has no rights to enforce any terms of this Agreement.
By becoming a Mahnee user, you agree to receive communications that are account and user related (e.g. that we’ve added reward point(s) to your account, that we have paid out money to your bank account) as well as periodic shopping related e-mails that highlight coupons or special deals available to Mahnee users. We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process. Your consent to receive electronic communications includes any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us appraised of your current e-mail address should the same change subsequent to the date you become a Member. We may also send you push notifications if you install the mobile application.
All rights, title, and interest in the Services, the Mahnee Platforms and the Content associated with or on the same belong to Mahnee or its licensors. Additionally, Mahnee shall maintain all rights, title, and interest in “MAHNEE”, and any other marks, service marks, trademarks, or logos of Mahnee (the “Mahnee Marks”) that are registered in United States of America and other countries. The Mahnee Marks may not be used in connection with any non-Mahnee product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mahnee. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing “MAHNEE” or anything substantially similar to “MAHNEE” or any other Mahnee Mark including, without limitation, Mahnee.com and with any search engine, domain service provider or any intellectual property office whatsoever. You shall not mention or use Mahnee in any ad text, extension, or banner ad without express written consent of Mahnee. All other trademarks not owned by Mahnee that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mahnee.
16. Community Standards
By creating a Mahnee account, you are becoming a member of a community that depends on the goodwill and responsible behavior of each of our users. Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Services, the Mahnee Platforms, our employees, contractors or agents, our merchant partners, or other users. This includes communications by means of social media or other internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Users who violate this provision, as determined by us in our absolute discretion, may have the accounts suspended or terminated without prior notice.
You agree to indemnify Mahnee, any merchant partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
18. Warranty Disclaimer
The Services, content, and the Mahnee Platforms are provided “as is” and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, correctness, completeness, reliability or validity of the Services, content or the Mahnee Platforms, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services. Mahnee does not warrant that the functionality of the Mahnee Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, Mahnee does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services.
19. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Mahnee be liable for any special, incidental, consequential, exemplary, punitive or other indirect damages or for any loss profits, loss data or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Mahnee’s maximum aggregate liability arising out of this agreement will not exceed USD$100.
20. Governing Law and Arbitration
This Agreement, including any amendments thereto that Mahnee may from time to time make at its discretion, are governed by and construed in accordance with the laws of the Delaware, USA.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the The Delaware Rapid Arbitration Centre (“DRAA”) in accordance with the Arbitration Rules of The Delaware Rapid Arbitration Centre (“DRAA Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Delaware, USA. The Tribunal shall consist of one arbitrator. The language of the arbitration shall be English.
You agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration.
You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.
Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.
23. Waivers / Severability
Any failure to enforce any provision of this Agreement on the part of Mahnee will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by Mahnee on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
24. Entire Agreement
This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the Mahnee services or continued maintenance of an account with Mahnee shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.