Effective date: April 12, 2021
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
These Terms of Service (the "Terms") are a legal document between you ("you", "your") and Maholla B.V.
Maholla may provide services including, but not limited to, the Maholla Rewards Program (the "Program") via our websites and mobile applications (“App”) (collectively the "Services") to you subject to these Terms. Maholla is the owner and operator of the Services. Please ensure you read these Terms carefully before using the Services. By using the Services, you explicitly agree to comply with and be bound by the Terms and all terms, policies, and guidelines incorporated and referenced herein. If you do not agree to all provisions of these Terms, do not use the Services.
1. For Your Personal Use. The Services are for your own use only, and you many not resell, lease, or provide them in any other way to anyone else. You must be of the age of majority in your jurisdiction to use our Services. The Services are not directed at children under 13 years old, and Maholla does not knowingly collect or maintain personal information from children under 13 years of age.
2. Registration; Registration Data. Subject to your continued compliance with these Terms, you may register for one (1) account with Maholla. If you have been previously suspended, removed, or otherwise deactivated from using the Services, you may not create or register another account to use the Services. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Registration Data"); and (b) maintain and promptly update the Registration Data, and any other information you provide to Maholla, and to keep it accurate, current and complete. We are not responsible for any loss you suffer as a result of your not keeping your Registration Data current.
3. Your Account Security. When you create and register your account with us, you can choose a user name and password and may choose another device authentication method. You are responsible for maintaining the security of your password and device and to supervise use of your account. You must notify us immediately via the contact information provided below if you suspect any unauthorized use of or access to your account. You will not share or transfer your account or password with or to anyone. We assume that anyone using the Services or transacting through your account is you.
4. Inactivity of Your Account Your account will be deemed inactive and your then currently existing unused Points will expire if you at any time do not do either of the following in any ninety (90) day period: a) scan, submit, and fully process a receipt for Points using the Services; or b) redeem any Points for a Reward. After sixty (60) days of inactivity, Maholla will provide you thirty (30) days notice by sending an email or text message to the email address or phone number provided in your Registration Data that your account will be considered inactive and your Points will expire. Prior to the effective account inactivation and Points expiration date, you may prevent your account from becoming inactive and your then currently existing unused Points from expiring by doing either of the following: i) logging in to your account and successfully scanning and fully processing a valid receipt for Points (with the Maholla mobile application); or ii) redeeming your Points for a Reward. While expired Points cannot be recovered, you may reactivate your inactive Maholla account by logging into your account and submitting a receipt (in the Maholla mobile application). If you reactivate your account, you agree to all the Terms as then currently stated.
POINTS AND REWARDS
5. How to Earn Points. Maholla’s App allows you to participate in our Program by scanning receipts, or by completing other activities including taking surveys, entering a referral code, or engaging in any other activity as described in our App or Program. When you provide Maholla a receipt, by uploading, linking an account with receipt information, or other means made available by Maholla, you allow Maholla to process the information and identify the details printed on that receipt. We may not be able to accept or process receipts from some retailers, and so, Points will not be available for submitting those receipts. We do not accept receipts and will not award Points for purchases for transactions that are older than 7 calendar days. Maholla may limit the number of receipts that can be processed by you in a period of time to a maximum quantity, as notified in the services.
6. Points May Be Redeemed for Rewards. When your Points balance reaches the Minimum Redemption Amount, ("Minimum Redemption Amount" shall mean the minimum value of Points required to redeem any Reward offered in the Services ("Reward"), which is subject to change at any time at the sole discretion of Maholla), you may redeem your Points. Points can only be used in exchange for Rewards and have no other use or value. There is no automatic redemption of Points. No interest is accrued on Points. Points may be redeemed for Rewards at the rate specified in the Services at the time of redemption. Maholla does not guarantee that any particular Reward or Offer will be available for any specific user at any moment in time. Furthermore, not all Rewards or Offers may be available to all users at all times, and different Rewards or Offers may be available only to certain users. Items for which Rewards are or will be available are subject to change without notice. Maholla reserves the right to change, remove, discontinue or otherwise alter the available Rewards or Offers at any time.
7. Redemption Process. When you make a request to redeem Points for a Reward, you must elect within the App the Reward, which could be airtime, a gift card or other product offered as a Reward, you want to receive in exchange for your Points. Once a redemption request is approved and the Redemption Item is authorized by us, your Points balance will be reduced by the number of Points designated to the Redemption Item selected by you. We are not responsible or liable for any loss or delay of any Redemption Item once you have redeemed your Points. If you have any questions or concerns with the redemption process, you may contact us at firstname.lastname@example.org.
8. No Cash Value; Points Cannot Be Transferred. Maholla users have no property rights in Points, and Points can only be used as described here. Points have no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash. Your Points balance or any part of it is not transferable, cannot be divided as part of a settlement, legal proceeding or death, and cannot be combined with Points of any other member in the Program. Points may not be brokered, bartered, attached, pledged, gifted, or sold. Expired Points cannot be redeemed, and you must be an active member of the Program in order to redeem Points.
9. Referral Program Description and Terms. From time to time, and at Maholla's sole discretion, we may offer bonus Points, Points, or other rewards when a new user you choose to refer becomes a user of the Maholla Program (a "Referral Program"). Any such Referral Program shall be subject to the additional terms and conditions set forth in the offer or App. You agree that you will obtain all necessary permissions and consents from an individual before referring that individual to us in a Referral Program and inform the individual: (a) that we are not the sender or initiator of any messages or communications to that individual on your behalf; (b) that you are not acting as our agent in sending any such messages or communications; and (c) that you may be receiving a referral bonus if the individual becomes a new user of Maholla. Current or Inactive former users of the Services cannot qualify as new users for purposes of a Referral Program, and any attempt to create referrals to non-existent individuals or to multiple accounts for the same individual will be void and are in violation of these terms. We reserve the right to void or take any other action we deem appropriate with respect to referrals. Maholla may discontinue and/or revoke any Referral Program or incentive program in its sole discretion at any time without notice. Maholla reserves the right to decline to award referral bonuses, rescind bonus Points credited, or take any other action related to a Referral Program.
SMS TERMS OF SERVICE
10. You agree that Maholla may send transactional text and/or SMS messages, including important account notices, such as point expiration warnings and account security notices to the phone number you used to register your account or any phone number you provide to us in updating that information.
11. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
12. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at email@example.com
13. Carriers are not liable for delayed or undelivered messages.
14. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
16. We will obtain your consent for marketing text and/or SMS messages separately and will provide you any necessary or required information relating to marketing text and/or SMS messages at that time.
17. Fraudulent Activity. Any form of fraudulent activity is a violation of these Terms. Maholla may take any action in its sole discretion against any activity it deems fraudulent, including deducting some or all of you Points, terminating your account, and taking any other legal or equitable action which may be available to us. Fraudulent activity includes any action that is deceptive or an attempt to gain Points not in accordance with these Terms and includes but is not limited to, creating fake receipts, fake accounts, submitting altered receipts, submitting receipts for purchases not made by you, and/or buying products and returning them. You may dispute an action that Maholla deems fraudulent by contacting us at (firstname.lastname@example.org) within thirty days of Points deduction (or other action) as a result of fraud. After 30 days, you waive any right to future claim or dispute to the deactivation decision by Maholla.
18. Our Communications with You. We send notices to the email address you maintain in your Registration Data. As part of the Services, you may receive push notifications, text messages, alerts, emails or other types of messages directly sent to you outside or inside Services ("Messages"). You have control over the Messages settings, and can opt in or out of these Messages through the features available for each specific means of Messaging, such as through the Services or through your devices' operating system. Some Messages are transactional in nature and you cannot unsubscribe from them. Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. You are responsible for keeping your Registration Data current to avoid missing notices about your account or changes to our Terms or a notice regarding termination of the Program.
20. Intellectual Property. Except as otherwise indicated, the Services, and all text, images, marks, logos and other content contained in or communicated using the Services, including, without limitation, the Maholla name, logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Content") are the property of Maholla or its licensors and are protected by South African and international copyright or trademark laws. All rights to the Content are expressly reserved by Maholla. Nothing contained in the Services may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Maholla or any third party without the prior written permission of Maholla or such other party that may own such patent, trademark, copyright or other proprietary right(s).
21. Limited License. Maholla grants you a personal, non-commercial, limited, non-exclusive, non-transferable and non-sublicensable license to access and use the Services and to view, copy and print portions of the Content. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print portions of the Content for your own informational, personal and non-commercial use in accordance with the Terms; (ii) you may not modify or otherwise make derivative uses of the Services or the Content, or any portion thereof; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; (v) you may not use the Services or the Content other than for their intended purpose; and (vi) you may not reproduce, prepare derivative works from, distribute or display the Services or any Content (except for page cacheing), except as provided herein. Except as expressly permitted above, any use of any portion of the Services or Content without the prior written permission of Maholla is strictly prohibited and will terminate the license granted herein. This license is revocable at any time, and for any reason, or for no reason. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. You may contact Maholla at email@example.com to request permission for uses of Content not included in the license.
22. Your Warranties. You represent and warrant that you will be personally responsible for your use of the Services and that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law.
23. Advertisements, Promotions, and Third Party Content. Maholla may, from time to time, run advertisements and promotions of behalf of third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, parties other than Maholla, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. All third party content, including without limitation, any descriptions and images of, and references to, third-party products or services available in connection with the Services, advice, recommendation or opinion, Offer, promotion or coupon, grocery or other product, service, retailer, recipe, drug, and health information is provided on or through the Services for informational purposes only, and should not be construed to indicate that any such third party content is endorsed by us, nor is there any representation or warranty by us that the third party content is reliable, accurate, timely, complete, effective, or safe for your use. All third party content, including without limitation, any descriptions, images, references, features, content, specifications, products and prices of products and services and values of any coupon, Offer or promotion featured through the Services are subject to change at any time without notice.
24. Disclaimer of Warranties. We take reasonable steps to provide the Services in a secure, timely, accurate and complete manner. However, it is possible that information provided through the Services may be incorrect or not current. Further, the Internet has inherent risks, and we cannot guarantee that your access to and use of the Services will be uninterrupted or error free or that the Services, or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for reconstruction of any of your lost data. You are responsible for making sure your Registration Data is correct and current. Maholla is not responsible for typographical errors or omissions relating to pricing, text or photography. Maholla is not responsible or liable for any loss or damage of any sort incurred as the result of dealings third party promotions or as the result of the presence of third-party advertisers on the Services. YOUR USE OF THE SERVICES AND THE CONTENT PROVIDED ON THE WEBSITES AND MOBILE APPLICATIONS IS AT YOUR OWN RISK. THE SERVICES AND THE CONTENT PROVIDED THROUGH THE WEBSITE AND MOBILE APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE SERVICES, THE MOBILE APPLICATIONS OR ANY HYPERLINKS TO OTHER INTERNET RESOURCES.
25. Limitation of Liability. MAHOLLA, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE "MAHOLLA REWARDS PARTIES") SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO: LOSS OF USE, DATA, REVENUE, OR PROFITS, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OF, OR YOUR INABILITY TO ACCESS OR USE THE SERVICES, CONTENT, OR APP. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR ANY CLAIM THAT YOU MAY HAVE RELATING TO THE SERVICES OR MATERIALS IS YOUR RIGHT TO CEASE USE OF THE SERVICES AND MATERIALS.
26. Indemnification. You agree to defend, indemnify and hold harmless Maholla, its affiliates, officers, gents, employees, and partners arising from or in any way related to any third party claims relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Services other than as expressly authorized in these Terms of Service, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense. The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.
27. User Communications. You may be able to provide responses, comment, or suggestions and submit questions through the Services ("User Submissions"). To the extent you publicly post the User Submissions, you agree that they will not be harassing or otherwise inappropriate or unrelated to the Services. We are not responsible for the content of User Submissions, including their accuracy or quality, but we may monitor the submission of User Submissions in our sole discretion. We cannot control and have no duty to take any action regarding how you may interpret third party User Submissions, and you hereby release us from any all liability relating thereto. You are responsible for all your own activity in connection with the Services. User Submissions will become Maholla’s property. You hereby relinquish and assign to Maholla the worldwide, royalty free, right and title to run, use, re-use, implement, copy, display, and create derivative works from those User Submissions, including any ideas, concepts, know-how, or techniques contained therein for any purpose.
29. Cessation, Suspension, and Termination. You are free, at any time, to stop using the Services by contacting us at firstname.lastname@example.org, or if you stop using the App for 90 days or more, your account will automatically become inactive, as set forth above. Maholla may also terminate (or suspend access to) your use of the Services or your account, for any reason in our sole discretion, including if you violate any of these Terms. Maholla has the sole discretion to determine whether you are in violation of these Terms. Account termination may result in destruction of any Content associated with your account. We will try to provide advance notice to you prior to our terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, otherwise harmful to the rights or property of Maholla, or for any other reason deemed reasonable by us. Maholla may also stop providing the Services at any time. If we cease providing the Services, we will notify you at the phone number or email address you provide in your Registration Data, and if practicable, we will provide you thirty (30) days notice to make a redemption request (subject to our Minimum Redemption Amount of existing gift card requirement described above). If you do not make a redemption request within such thirty (30) day period, your entire Points balance will expire. If you cancel or inactivate your account, any then currently existing Points will automatically expire upon cancellation or inactivation. It is your responsibility to make a redemption request (subject to our Minimum Redemption Amount of Points balance requirement described above) before cancellation or inactivation.
30. Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Maholla's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations in our sole discretion.
31. Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Maholla agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Maholla, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications to these Terms must be in a writing signed by both parties (except as otherwise provided herein). You agree that Maholla has not made, and you have not relied on, any representation by Maholla relating to the Rewards, the Services, or the Maholla.com website or mobile application other than those expressly set forth in these Terms. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind Maholla in any respect whatsoever. You and Maholla agree there are no third-party beneficiaries intended under these Terms.
33. By using the Content, Application, website or Services, you agree that the law of the Netherlands, without regard to its principles on conflicts of laws, will govern these Terms, your use of the Content, Application, website and Services, and any dispute of any sort that might arise between you and Maholla.
34. If a dispute arises between you and Maholla, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. To that end, you agree to first contact Maholla Customer Support via the contact information below to describe the problem and seek a resolution. If that does not resolve the issue, then you and Maholla agree that any dispute or claim relating to your use of the Content, Application, website and Services will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. In addition, you and Maholla both agree that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason a claim proceeds in court rather than in arbitration, you and Maholla each waive any right to a jury trial.
35. You and Maholla agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative action. Further, unless both you and Maholla agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
36. To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim to Maholla Legal Department, Maholla B.V. Herengracht 449a, 1017 BR Amsterdam, Netherlands.
37. Notwithstanding the provisions of the “Modification to this Agreement” section above, if we change this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com). within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms)
38. You agree that these Terms and Conditions or any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law and equitable claims) between You and Maholla arising from or relating to these Terms and Conditions, their interpretation or breach, termination or validity, the relationships which result from these Terms and Conditions, the App, the WEBSITE and the Service, Maholla's advertising or any related transaction shall, to the maximum extent permitted by Applicable law, be governed by the laws of the Netherlands, without regard to its conflicts of laws rules. Limitations of Actions Any claim or cause of action arising out of or related to Your use of the APP, the WEBSITE or the Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred. Refer to section 13 for more information relating to our liability limit.
39. If you have any questions regarding these Terms or your use of the Services, please submit a support request or contact us at: firstname.lastname@example.org