Cash Back Terms of Service
PEN TO PAPER - REBATE PROGRAM
TERMS AND CONDITIONS
Last Modified: April 12, 2022
These Rebate Program terms and conditions (“Rebate Terms”) are a legally binding agreement between Pen to Paper Co. (“Pen to Paper,” “we,” “us,” or “our”), and you, an end-user, and applies to our Rebate Program which enables you to receive cash back, gift cards, etc. (“Rebate Program” as applicable). These Rebate Terms are an integral part of the Pen to Paper Terms of Services which are available at: https://www.getfondue.com/terms/ (“Pen to Paper Terms”) defined terms herein shall have the same meaning as assigned to them in the Pen to Paper Terms.
ACCEPTANCE OF THE TERMS: BY APPLYING TO OUR REBATE PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AS WELL AS THE PEN TO PAPER TERMS.
We reserve the right to amend or revise the Rebate Terms at our sole discretion periodically; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Amended” header above. Your continued use of the Rebate Program following such amendments constitutes your acknowledgment and consent of such amendments to the Rebate Terms and your agreement to be bound by them. We will make our best efforts to provide you with written notification by applicable means of communication in the event of any material changes to these Rebate Terms.
- “Merchant” when we use the term Merchant, we are referring to the merchant from which you have purchased the goods or services. These Merchants use our API, Shopify App or other technology to offer you the Rebate Program.
- “Merchant Website” means the eCommerce website, app, or other online platform in which the Merchant offers the goods and services for sale.
- “you” means an individual, the consumer, conducting the transaction and purchasing the goods and services from the Merchant, on the Merchant Website and submitting a redemption form to us to apply to our Rebate Program.
The Rebate Program enables you to apply for a cashback reward by submitting a Rebate Redemption Form (as defined below) based on your purchase from the applicable Merchant. Subject to the terms herein, you may receive the rebate in the following means: cash back, virtual visa debit cards, gift cards, or charity all as determined by us or the applicable Merchant in our sole discretion and detailed below.
The eligible products, goods and services are determined solely by the Merchant and are disclosed to you on the Merchant Website prior to proceeding with your transaction. The Rebate Program is provided according to Pen to Paper’s sole discretion and subject to filing a Redemption Form and providing the necessary information for us to approve your request. We will request only the information needed to complete the authorization process in a user-friendly manner.
We are not responsible for the goods and services purchased, the delivery or any other matter which should be raised with the applicable Merchant. Notwithstanding the above, you agree to fully release the Merchant from any and all claims, obligations or remedies you may have against the Merchant with respect to the Rebate Program
Pen to Paper offers the following rebate offers (each and collectively a “Rebate Offer”): (i) a virtual Visa debit card: in case the option is available, and if you wish to receive your refund via a virtual Visa debit card, you will receive a pre-paid card for the total amount of the refund; (ii) a gift card; or (iii) a charity donation: in case option is available, you may select to donate your refund to a single charity out of a select group of charities and we will make a donation on your behalf promptly. To be eligible for this Rebate Offer, you must purchase a qualifying goods or services. Please be aware that, Virtual Card can be used online or in stores that accept it. Unused funds will forfeit after the valid thru date.
REDEMPTION FORM AND PAYMENT
When your purchase is qualified under the Rebate Program, you shall submit a redemption form which may include information on your purchase, the receipt, your contact information, date of birth and any reasonable information required by us (“Redemption Form”). The Redemption Form is available to you in a digital form either on the Merchant Website which you can review prior to or after purchasing the qualified goods or services, or on our website, or if possible, we will send you the Redemption Form in an email together with your purchase confirmation.
Pursuant to submitting a Redemption Form, Pen to Paper and/or the Merchant will process such information to assess your eligibility. If Pen to Paper finds your request eligible for the Rebate Offer, we will execute the Rebate Offer to you through means requested by you within 60 days upon receipt of the Redemption Form. In the event of a return, refund or chargeback, for goods or services which you accumulated the Rebate, we reserve the right to reject your Redemption Form and request or if the Rebate was provided, we reserve the right to reject or refund.
You Rebate rights for a Rebate Offer will not be valid if not fully redeemed within 6 months from when you received the Redemption Form via email or completed the qualified purchase. Failure to comply with the rules of these Rebate Terms will make your submission invalid and could delay or prevent the payment.
If you do not submit the Redemption Form we are under no obligation to send you the payment or reminders as part of the Rebate Program. You are responsible for redeeming your Rebate. There is no automatic redemption or periodic distribution of payments. No interest is paid on Rebate balances. Subject to applicable laws, the Rebate payment balances are not your property, and you have no property rights or other legal interest in such. All Rebate amounts remain the sole property of Pen to Paper until distributed or provided to you subject to the approved and sufficient Redemption Form. Your Rebate, rebate rights and balance or any part of it is not transferable, cannot be brokered, bartered, assigned, or sold, and cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with other rewards of any other member or participant in the Rebate Program.
Pen to Paper is not responsible for lost, late, damaged, illegible, misdirected or postage-due submissions. Excessive submissions constitute fraud and may result in federal prosecution under the US law. Keep copies of all materials submitted
REPRESENTATION, WARRANTIES & RESTRICTION OF USE
You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child,” “minor” or any other similar term, in your jurisdiction and that you are not under the age of 18; and (iii) to comply with all applicable laws regarding your use of our Service or Content, including any intellectual property law.
Our Rebate Program has no fixed termination date. However, as mentioned above, your right to submit the Rebate Redemption Form is limited to 6 months unless otherwise stated. Further, we reserve the right to terminate this Rebate Program or modify the Rebate Program after giving you 30 days’ notice at any time. Any such notice will be sent either by email or by text message. For any such notices, we will use the email address or mobile telephone number that you provide in your Redemption Form. If we decided to terminate the Rebate Program, you will have 30 days to redeem your balance. If you do not submit a Redemption Form within such 30 day period, your entire balance will expire. Notwithstanding the above, these Rebate Terms are a legally binding agreement in which either party may terminate at any time, if we terminate these Rebate Terms we will provide reasonable notice as detailed above, you can terminate these Rebate Terms at any time, with or without cause, effective immediately.
INACTIVE ACCOUNT MANAGEMENT CHARGE
We may apply an inactive account management charge out of your Rebate balance rewards per month, up to a maximum of the total amount of your balance during that period in which your account is inactive. Your Rebate Offer will be considered “inactive” under various cases, such as a Virtual Card which was not used, a Rebate Offer which was not claimed within 6 months, etc. We may apply that charge on the first day of the month following the date we consider you to be inactive consumer. We will make best efforts to give you notice prior to becoming inactive or invalid, however we are not required to do so.
CASH BACK REWARDS BALANCES
If, over a lengthy period of time, you fail to redeem your cash back and if we are unable to contact you, you Rebate Offer may be transferred, reported, or conveyed to a state agency if required under applicable state laws relating to unclaimed property or escheatment of property. To avoid any such risks under applicable state laws, you should submit the Redemption Forms on a regular, continuing basis. We take no responsibility for any loss of balances due to the abandonment of such balances by you.
DISCLAIMER OF WARRANTIES
IN ADDITION TO THE DISCLAIMERS PROVIDED UNDER THE PEN TO PAPER TERM, AND EXCEPT AS PROVIDED HEREIN, THE REBATE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, MARKETABILITY, SUITABILITY, INCOMPLETENESS, APPLICABILITY OR RELEVANCE OF THE REBATE PROGRAM. PEN TO PAPER SHALL NOT BE RESPONSIBLE FOR SOFTWARE DEFECTS OR COMPUTER MALFUNCTIONS OR TELECOMMUNICATIONS FAILURES THAT AFFECT THE OPERATION OF THE REBATE PROGRAM. PEN TO PAPER ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, LOSS, THEFT OR DESTRUCTION, OF ACCOUNT BALANCE INFORMATION OR OTHER INFORMATION PROVIDED BY YOU. WE DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS IN ADMINISTERING THE REBATE PROGRAM OR RELATED WEBSITES, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THESE SITES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THESE SITES OR ANY PORTION THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO TO THAT EXTENT CERTAIN EXCLUSIONS SET FORTH HEREIN MAY NOT APPLY.
LIMITATION OF LIABILITIES
IN ADDITION TO THE LIMITATION OF WARRANTIES PROVIDED UNDER THE REFUNCO TERM, YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, PEN TO PAPER, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “PEN TO PAPER GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE REBATE PROGRAM, EVEN IF PEN TO PAPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL.