Terms & Conditions
1The use of PENN Earn Marketplace is subject to the following terms and conditions. By using this Website or signing up as a member of PENN Earn Marketplace you accept these terms and conditions.
1. Membership
- 1.1. Only one PENN Earn Marketplace account ('Account') per person will be allowed and PENN Cash will only be earned on one account per person.
- 1.2. In the event that an Account is dormant for a period exceeding 36 months we may terminate that Account at our sole discretion.
- 1.3. PENN Earn Marketplace is for the sole use of individuals acting in their individual, personal capacity and is not for commercial purchases. If we suspect that an Account is being used for purposes other than for personal use, we may terminate membership at our sole discretion.
- 1.4. If we suspect fraudulent or suspicious activity, we reserve the right to place an Account on hold, suspend transactions and/or terminate membership at our sole discretion.
2. PENN Cash accrual process
- 2.1. As a member of the PENN Earn Marketplace program, you will earn PENN Cash when you shop with merchants displayed on our Website. We will make every effort to ensure the PENN Cash offers are correctly illustrated.
- 2.2. You must be signed into this Website and use our links to the participating merchants' sites to be eligible for PENN Cash. You cannot earn PENN Cash for purchases that you make prior to signing into PENN Earn Marketplace.
- 2.3. Any goods or services ordered by you give rise to a contractual relationship between you and the participating merchant and not with us. The purchase of goods or services from participating merchants is subject to such merchant's terms and conditions of sale. If you have a complaint regarding the goods or services provided to you by a participating merchant or regarding any delay or other delivery issue, please contact the relevant merchant. We make no warranty with regard to any products or services obtained by you from participating merchants and hereby expressly exclude all representations and warranties including those as to title, fitness for purpose, merchantability and/or satisfactory quality regarding goods and/or services obtained from participating merchants through the PENN Earn Marketplace program.
- 2.4. You become eligible for PENN Cash when the participating merchant confirms and approves the purchase you made with them. Whether a purchase is approved is determined entirely by the participating merchant. Depending on the merchant's returns policy, the time it may take for the approval of purchase transactions may take up to 120 days or more depending on the individual merchant and circumstances.
- 2.5. If the transaction results in a refund or is cancelled, no PENN Cash will be earned.
- 2.6. Where PENN Cash have been posted to your Account, but the transaction is later reversed by the participating merchant or cancelled by you, for whatever reason, we reserve the right to deduct such PENN Cash amount from your Account.
- 2.7. PENN Cash have no equivalent cash value except as set out in these terms and conditions.
- 2.8. PENN Cash may only be earned on the net value excluding the purchase and/or use of gift vouchers, which for avoidance of doubt includes gift cards, gift certificates or other similar cash equivalents, or on sales tax, all other taxes, surcharges and any additional costs such as shipping and duties.
3. Tracking
- 3.1. Transactions are electronically tracked and reported back by the participating merchant. We are not responsible for merchants not correctly reporting sales to us or not reporting back to us at all for any reasons. We will, however, use commercially reasonable efforts to ensure correct reporting by participating merchants. However, we are not liable if merchants fail to do so.
- 3.2. All participating merchants' transactions are tracked through the use of cookies. It is your responsibility to ensure that cookies are enabled with your browser and ensure that any security software on your computer or electronic device(s) you use to access the Website does not block cookies. We are not responsible for any errors in tracking transactions if cookies are not properly enabled while you are accessing and interacting with the Website.
4. Website content
- 4.1. The information on this Website does not constitute financial advice or an offer for financial services or financial products. Should you wish to proceed with any transaction, you should obtain your own independent advice in relation to whether any financial service or financial product is appropriate for your needs or expectations.
- 4.2. This Website does not endorse or give any warranty in respect of any product or service offered by any participating merchant nor is there any implied or actual offer made by this Website in respect of such products or service. Participating merchants may pay commissions to us and in the event that it is required you will be advised of such commissions by participating merchants.
5. Website changes and modifications to Terms and Conditions
The content of this Website and the Terms and Conditions are subject to change at any time at our sole discretion. These changes are not required to be delivered as individual notifications to PENN Earn Marketplace members. When changes are made, we will make a new copy of these terms available here. We would advise you to make regular visits even if you are not intending to make a purchase.
6. Copyright
This Website is protected by copyright. The software and content on this Website are our and our licensors’ (as applicable) exclusive property and we and our licensors respectively retain all rights, title and interest in and to the software and content throughout the world, including any modifications to and improvements to it.
7. Third party websites
We are not responsible for the content or availability of any of the third party websites that link from this Website.
8. Disclaimers
- 8.1. Risk must remain entirely with the member who is seeking to make use of PENN Earn Marketplace.
- 8.2. We cannot be held responsible for any failure:
- 8.2.1. of this Website; or
- 8.2.2. in the system of communication between you and us, of whatever type or for whatever cause, which is beyond our reasonable control.
- 8.3. We cannot be held responsible any unauthorized dealings with your Account of any kind.
9. Indemnity
You agree to indemnify Valuedynamx Inc and PENN Entertainment, Inc. against all liabilities, costs, expenses (including reasonable legal fees), damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) that may occur in connection with your use of this Website. We take reasonable care and skill to ensure that the data provided on this Website is accurate and up to date. However, we give no warranty as to the accuracy of any information on this Website and do not accept liability for any resulting damage or loss arising from your use or reliance on such information.
10. Privacy Policy and Cookie Policy
With respect to collection and processing of your personal information or exercising your consumer privacy rights, please refer to our Privacy Policy here.
- 10.1. Valuedynamx Inc understands and respects your desire for privacy and we extend that courtesy to all visitors to this Website. To this end we would like you to know how we use any personal information you entrust to us.
- 10.2. With respect to cookies, please refer to our Cookie Policy here.
- 10.3. With respect to security:
- 10.3.1. We always use industry standard encryption technologies when transferring and receiving consumer data exchanged with this Website. We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at this Website. This includes financial information (e.g. credit card account information), unique identifier information (e.g. customer number or password), transaction information (e.g. dates on which customers made purchases, amounts and types of purchases), communications from the consumer/visitor to this Website (e.g. emails, customer enquiries) and content information (e.g. name, address, telephone number).
11. Virus Disclaimer
Reasonable efforts are made to ensure that material is virus-free before being placed on this Website. However, in the unlikely event of any loss, disruption or damage caused by a computer virus, we cannot be held responsible for any loss, disruption or damage to your data or computer system that may occur whilst using material derived from this Website.
12. Site operator information
This Website is operated by Valuedynamx Inc, Registered office: Cutlers Exchange, 123 Houndsditch London, EC3A 7BU UK. Registered no. 6708136. Registered in England and Wales.
13. Governing law
These Terms and Conditions shall be governed by and interpreted pursuant to the internal laws of England and Wales excluding any laws regarding the choice or conflict of laws, and you agree to the jurisdiction of the English courts to resolve any dispute in connection with this Service.