These MTI Cashback Rewards Program Terms ("Cashback Rewards Terms") describe the terms and conditions that apply to your participation ("you") as a member ("Member") in MTI's Cashback Rewards Program ("Cashback Rewards Program") and are between you and Meow Technologies, Inc. ("we" or "us" or "MTI"). By participating in the Cashback Rewards Program, you agree to these Cashback Rewards Terms and the MTI Terms of Service https://www.meow.com/terms-of-service (together, the "Terms"), which govern your use of the Service. All capitalized but undefined terms in these Cashback Rewards Terms have the meanings ascribed to them in the Terms of Service, and these Cashback Rewards Terms are incorporated by reference into the Terms of Service.
BY PARTICIPATING IN THE CASHBACK REWARDS PROGRAM OR BY OTHERWISE ACCEPTING THESE CASHBACK REWARDS TERMS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR PARTICIPATION IN THE CASHBACK REWARDS PROGRAM, YOU AGREE TO BE BOUND BY, THESE CASHBACK REWARDS TERMS.
1. PROGRAM DESCRIPTION. MTI has established a Rewards Program pursuant to which MTI may offer cashback rewards to you ("Cashback") in connection with qualifying use of the Service and making Qualifying Purchases (as defined below), as further described in these Cashback Rewards Terms. The Cashback Rewards Program is void where prohibited.
2. ELIGIBILITY. You are eligible to participate in the Cashback Rewards Program if: (a) you have applied and been approved for a Meow Card in accordance with the Terms; and (b) all accounts you have on or through the Service remain in good standing. If any account you have on or through the Service is not in good standing for any reason, or if MTI determines in its sole discretion that you have violated the Terms or are abusing or misusing the Cashback Rewards Program, we may deem you ineligible to earn or redeem Cashback and may deem previously-earned cashback forfeited. We may condition, restrict, change or revoke Cashback in our sole discretion. You represent and warrant to MTI that (a) you are eligible to participate in the Cashback Rewards Program; (b) you have not previously been suspended or banned from use of the Service or participating in the Cashback Rewards Program; and (c) your use of the Service and participation in the Cashback Rewards Program is in compliance with all applicable laws and regulations.
3. HOW IT WORKS
To become a Member, you must apply and be approved for a Meow Card as provided in the Terms and in accordance with any further requirements published or made available by us from time to time.You may view information about your activity in the Cashback Rewards Program by visiting your applicable Meow Card account (your "Member Account"), which may be accessed through the Service. You may only have one Member Account per organization. Your Member Account and any associated Cashback are specific to you and cannot be combined with any other Member's Cashback or otherwise transferred or shared with another Member for any reason.MTI reserves the right to review and investigate all Cashback Rewards Program activities.4. CASHBACK REWARDS
During your participation in the Cashback Rewards Program, you may accrue Cashback when you make a Qualifying Purchase using a Meow Card. For each Qualifying Purchase, you accrue Cashback at a rate and in an amount determined by MTI, which will be announced or otherwise made available by MTI from time to time on its https://www.meow.com/card-reward-terms."Qualifying Purchases" are purchases made by you using the applicable Meow Card with merchants ("Merchants"). Without limiting any other provision of these Cashback Rewards Terms, we may, in our sole discretion and at any time, offer different Cashback rates for different Merchants. Cashback rates for specific merchants will be made available in the Service but may not be visible until after a Qualifying Purchase from any such Merchant is made. Without limiting the foregoing, the following transactions do not constitute Qualifying Purchases: any transactions made in a currency other than US dollars; cash withdrawals; purchases of prepaid cards and cash equivalents; transactions that are, in our discretion, deemed or suspected to be fraudulent; disputed or unauthorized transactions; transactions subject to chargebacks; refunded transactions; items returned for credit; or any fees charged to your MTI account(s). We may determine, in our discretion and at any time, that a transaction type or a particular transaction does not qualify as a Qualifying Purchase.You may not earn (and may forfeit) Cashback for any transactions on which all or a portion of the balance remains outstanding. Cashback may only be redeemable upon payment in full of amounts owed to MTI or the card provider. For any transaction that does not qualify as a Qualifying Purchase but for which you have received Cashback, or if we otherwise awarded Cashback in error, we may revoke such Cashback or offset such Cashback using your remaining or future Cashback balance or your MTI account balance.Any Cashback remaining in your Member Account at the time your Member Account is canceled by you or closed for any other reason will immediately expire.Cashback for Qualifying Purchases will be made available for redemption in the Service within 30 days in the month following the settlement date of the Qualifying Purchase.You are solely responsible for verifying the Cashback balance reflected in your account on the Service. If you believe your Cashback balance is incorrect, you may contact us at team@meow.com. You must notify us of any errors within 60 days of the accrual of the applicable Cashback. If you do not notify us within such timeframe, you forfeit the right to contest your Cashback balance, except to the extent such forfeiture is prohibited by applicable law.If you close your Member Account, all unredeemed Cashback will expire, you will no longer be able to access your Cashback and will no longer be able to earn any Cashback on any transactions on which all or a portion of the balance remains outstanding. If your Member Account is suspended or closed for any reason, all unredeemed Cashback will expire and you will not earn any Cashback until your Member Account is restored to good standing under the Terms.5. USE OF CASHBACK
Cashback can only be redeemed by authorized account administrators of the applicable Meow Card, and no user is entitled to use any Cashback other than as approved by such an administrator. If Cashback is not redeemed, it may be forfeited. Cashback is not transferable to any third party or any other MTI Account or Meow Card, including by operation of law.Cashback may qualify as taxable income for you. You are solely responsible for determining and obtaining appropriate tax treatment for any Cashback, as well as for any tax liability arising from or related to any Cashback.6. UPDATES, CHANGES TO, AND TERMINATION OF THE CASHBACK REWARDS PROGRAM
To the maximum extent permitted by applicable law, MTI reserves the right to change or cancel this Cashback Rewards Program at any time, at its sole discretion, without notice. Without limiting the foregoing, MTI may (a) set limitations on Cashback that a Member may earn in connection with the Cashback Rewards Program; (b) modify the Service or Qualifying Purchases for which Cashback are available to Members; (c) modify the Cashback amounts and redemption rates of the Cashback that are available in connection with the Cashback Rewards Program; (d) exclude the Service or Qualifying Purchases from eligibility in the Cashback Rewards Program; (e) change the requirements for eligibility in the Cashback Rewards Program; and/or (f) terminate the Cashback Rewards Program.If MTI terminates the Cashback Rewards Program, a Member will only be eligible to access Cashback earned prior to the date of termination, and all remaining Cashback will become invalid.7. ADDITIONAL DISCLAIMERS; LIMITATIONS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CASHBACK ARE PROVIDED "AS IS", AND MTI MAKES NO WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, RESULT, OR THAT PARTICIPATION IN THIS CASHBACK REWARDS PROGRAM WILL RESULT IN RECEIPT OF ANY ACTUAL CASHBACK OR THAT CASHBACK HAVE ANY PARTICULAR VALUE, AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL MTI BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING LOST DATA, LOST PROFITS OR REVENUE, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PERSON, ARISING OUT OF OR RELATED TO THESE CASHBACK REWARDS TERMS OR THE PERFORMANCE OR BREACH THEREOF, EVEN IF ADVISED OF THIS POSSIBILITY; AND (B) MTI'S AGGREGATE TOTAL LIABILITY TO YOU UNDER THESE CASHBACK REWARDS TERMS WILL NOT EXCEED THE AMOUNT OF ANY CASHBACK ACTUALLY PROVIDED TO YOU UNDER THEM.
THE LAWS OF CERTAIN STATES OR OTHER JURISDICTION DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THESE CASHBACK REWARDS TERMS.
8. MISCELLANEOUS
Any dispute or claim relating in any way to these Cashback Rewards Terms will be resolved in accordance with the Terms of Service.You acknowledge and agree that it is a fundamental term and condition precedent of your participation in the Cashback Rewards Program that you are not an employee, intermediary or agent of MTI, and you will not hold yourself out as, or give any person reason to believe, that you are an employee, intermediary or agent of MTI. You agree nothing in your participation will be construed as establishing an employment or agency relationship between MTI and you. Accordingly, you have not at any time been and are not entitled to, and hereby irrevocably waive any right or claim to, the benefits provided by MTI to its employees from time to time, including vacation time, benefits, salary, bonus, stock or stock options, profit sharing, insurance, or medical and health benefits.In the event of a conflict between these Cashback Rewards Terms and the MTI Terms of Service, these Cashback Rewards Terms will prevail with respect to the Cashback Rewards Program.If you have any questions regarding the Cashback Rewards Program or these Cashback Rewards Terms, please email us at team@meow.com.
