Introduction

This Agreement is a legal document, which sets out your rights and obligations, and those of PayPixy, operated by Amazing Media Inc. ("we", "us," "PayPixy" or "Amazing Media"), in relation to this site and the services offered by us through it (the "PayPixy Service"). You must take the time to read and understand it before registering for the PayPixy 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 PayPixy Service establish an "Account", and become "Account Holders".

Service

The PayPixy Service allows Account Holders to earn referral fees cash back on tracked purchases from Retailers. To qualify for cash back, 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 'cash back' as a result).

Our help pages and other service documentation available on the PayPixy site provide further information about our service; you should consult them concerning queries or issues you may have about the PayPixy Service.

Accounts

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 India to register for a PayPixy account.

You must register for the 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 or other account into which you wish to receive payments (your cash back Receipt Method), you (a) must ensure that you are, and remain, fully entitled to use that cash back Receipt Method, and (b) confirm that you wish to receive cash back through that cash back Receipt Method. You should keep this information updated through your Account. Please note that currently the only mode of payment will be cheque.

Note that your cash back Receipt Method may have rules about the maximum or minimum payment that you can receive through that cash back 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.

Cash back

After an Account Holder successfully completes a Qualifying Transaction, and once we have received the resulting cash back for that Qualifying Transaction, we pass that cash back on to the Account Holder through his/her cash back Receipt Method. Currently the only mode of payout is "Cheque"

We will only pass back to the Account Holder once we have verified beyond any measure of reasonable doubt that they are in fact owners of the account. The Account Holder will be required to furnish various details to this effect. Items such as "Scanned copy of a PAN card," "ID Proof," "Recent Photograph" and any other items we see fit.

Please note that there are various circumstances in which a transaction with a retailer may not constitute a Qualifying Transaction, or cash back may not result from it. Our help pages provide further information about these circumstances.

There are various circumstances in which cash back will not be payable to the Account Holder, and will be forfeited to us, namely:

1. where the cash back 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 PayPixy Service when making the relevant purchase)
2. the transaction to which the cash back 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) the cash back 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
3. where the cash back 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.

Intellectual property

By uploading or including any material on the PayPixy 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 PayPixy Service and any other interactive services through which we or our sub-licensee make the PayPixy Service (or a service based on the PayPixy 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 PayPixy 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 websites, but this does not mean it is legal. Therefore, no one shall copy, distribute, show in public or create any derivative work from the PayPixy Service, or any of the material which is found on the PayPixy Service unless properly licensed to do so by us.

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 PayPixy Service may be accessible to internet users around the world.

Our Role

PayPixy 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.

Misuse

We reserve the right to suspend or terminate any Account Holders access to the PayPixy 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 Holder's Account must be used only for purchases on his/her 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 cash back (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 Retailers offering, or (c) in breach of any terms and conditions applied by PayPixy or the Retailer to that transaction.

It is each Account Holder's 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 PayPixy 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.

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.

Additional services

We or our partners may offer new or additional services through the PayPixy 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 PayPixy 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.

Operation of service

We reserve the right to withdraw, modify or suspend aspects of the PayPixy 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 PayPixy Service. There may also be times when the PayPixy Service becomes inaccessible as a result of technical difficulties experienced by PayPixy 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 PayPixy 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 PayPixy 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 PayPixy Service; however, we will never ask you for your password via email, telephone, or any other means other than through the PayPixy website or browser extension. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

Liability

1. We warrant that the PayPixy Service will be provided with reasonable care and skill with the intention of meeting our specifications for the PayPixy Service, but we cannot and do not guarantee that the PayPixy Service will meet your requirements.
2. PayPixy 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, PayPixy 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. PayPixy'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 payable in respect of that twelve-month period (but without limiting our obligation to pay cash back 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 PayPixy Service or other non-performance of this Agreement or otherwise.
   3. 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.
   4. For the avoidance of doubt, PayPixy 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.
   5. The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.

Indemnity

You agree to indemnify PayPixy 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.

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 PayPixy assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

Entire Agreement

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 PayPixy assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

Changes to this Agreement

We reserve the right to change this Agreement from time to time, and post the new version on the PayPixy Service. When we do so, we will post the new version of the Agreement on the PayPixy Service, and the new version of these terms and conditions will take effect, and will govern the PayPixy 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 PayPixy 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.

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 PayPixy 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.

Law

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

Keeping this Agreement

We don't separately file the individual Agreements entered into by Account Holders when they register for the PayPixy Service. You can access it at www.paypixy.com . Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.