This User Agreement (“Agreement”) is a deal between you and OfferBooth that applies to your use of OfferBooth’s listing, Products and services (the “Services”). Except as set forth below, “OfferBooth” shall mean location - based services.

By registering an account with OfferBooth or using any of the Listing, Products, and Services, you agree that you have read, understood and accept all of the terms and conditions contained in this Agreement as well as our Privacy Policy and Mobile App , and you acknowledge and agree that you will be bound by these agreements and policies. This section of this Agreement governs how this Agreement may be changed over time. The text in the boxes throughout this Agreement is there to help you understand the Agreement, but is not part of the Agreement. If after reading this Agreement in its entirety you are still unsure of anything or you have any questions, please Contact Support.

1. Eligibility; Limitations

You must be an individual of at least 13 years of age before you enter into this Agreement. In order to link a bank account or debit card to your account, you must be at least 18 years of age. You cannot link a business bank account or card to OfferBooth and OfferBooth does not currently support business or merchant accounts (even if you link a personal bank account or debit card). Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services or from time to time in order to continue your use of our Listing, Products and Services.

2. Registration Process; Identity Verification

You may register only one (1) OfferBooth Account. If you open additional accounts, we reserve the right to immediately close such additional accounts and transfer any balance to your other OfferBooth Account or return it to the original funding source.

When registering for your OfferBooth Account, you must provide current, complete, and accurate information for all required elements on the registration page, including your full legal name. If any of this information changes, it is your obligation to update such information as soon as possible. From time to time we may also require you to provide further information as a condition for continued use of the Listing, Products and Services, including but not limited to a copy of your government issued photo ID. If you wish to link a bank account or debit card to your OfferBooth Account, you authorize Offerbooth, directly or through third parties, to make any inquiries we deem necessary to validate your identity and account information. This may include requesting further information about you such as your date of birth, email address, physical address, social security number, and bank account or card information so that we can confirm your identity. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.

From time to time we may be required to request further information regarding your transactions in order to comply with federal and state law.

In order to prevent fraud and to comply with federal and state laws, if you want to link a bank account or debit card in order to make a deposit, we need to make sure that you are who you say you are.

3. Privacy

We are committed to protecting your personal information and helping you understand exactly how your personal information is being used. You should carefully read our Privacy Policy, as it provides details on how your personal information is collected, stored, protected, and used.

4. Communications

By entering into this Agreement, you agree to receive electronic communications and notifications in accordance with our Consent Policy.

Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically.

This Agreement is provided to you and concluded in English. We will also communicate with you in English for all matters related to your use of our Services. Where we have provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your use of the Services.

5. Security of User Information

You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs) and mobile unlock codes that you use to access the Services. You are responsible for keeping your email address up to date in your OfferBooth Account profile and for maintaining the confidentiality of your user information. You agree to (i) notify OfferBooth immediately if you become aware of any unauthorized use of the Listing, Businesses and Services or any other breach of security regarding the Services and (ii) enable all relevant security features such as two-factor authentication and PIN Code or TouchID access control. Offerbooth will not be liable for any loss or damage arising from your failure to protect your account information.

We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. If you question the authenticity of a communication purporting to be from OfferBooth, you should login to your account through the OfferBooth website ( www.offerbooth.com ) or mobile applications, not by clicking links contained in emails.

We go to great lengths to protect your account, but we need you to do the same. It is important that you always protect not only your OfferBooth password but also the email account associated with your account and any device used to access your account.

6. Account Suspension & Closure

We may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you or your violation of the terms of this Agreement (including, but not limited to this section. If you have a balance remaining in an OfferBooth Account which has been suspended or closed, you will be able to recover such funds, unless prohibited by law or a court order or where we have determined that such funds were obtained fraudulently. OfferBooth shall have full discretion as to the means by which you will receive such funds following our decision to return such funds. We reserve the right to require you to provide further identifying information before processing such transfer requests and to delay or prohibit such transaction if we believe fraudulent or illegal activity has occurred. If you are unable to login to your OfferBooth Account, you will need to Contact Support to process such withdrawal.

You may terminate this Agreement at any time by closing your OfferBooth Account and discontinuing use of the Services. Upon termination of this Agreement and your Circle Account, you remain liable for all transactions made while your OfferBooth Account was open.

If we suspect you are using your OfferBooth Account in violation of laws or this Agreement, we can close your account. If your account is closed, we may require you to complete additional identity verification and fraud prevention steps in order to access funds in that closed account.

7. Services; Third Parties

OfferBooth provides you with a secure and convenient way to establish an account for purposes of (i) depositing funds from a linked bank account debit card or credit card (if available), (ii) holding anaccount balance, (iii) sending and receiving fiat currency with other Offerbooth users, and (iv) sending and receiving currency; provided that any of these Services can be discontinued at any time in accordance with this section.

OfferBooth is a location - based services for the mobile Internet users for all purposes and is not your agent or trustee. OfferBooth does not have control of, or liability for, any products or services that are purchased or sold by third parties using the Services. OfferBooth does not guarantee the identity of any user or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. OfferBooth is not liable for any losses or issues that may arise from such third party transactions, including, but not limited to, legality, quality, delivery, or satisfaction with any products purchased. If you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third party seller or buyer, as applicable.

If you use your Offerbooth Account to send money to someone in exchange for a product or service, and you have a problem with that product or service, you will need to resolve that dispute directly with the third party. For more information on how to transact safely, please see this Help Center.

8. Mobile Services

To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile applications may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using mobile Services, you agree that we may communicate with you by SMS, MMS, text message, push notification, and/or other electronic means via your mobile device and that certain information about your usage of the Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to any person who might acquire your old number.

In order to maintain the security of your account, two-factor authentication is required. That means that you need to have a valid phone and update your account information if your phone number changes.

9. Fees; Authorization

Except as disclosed in this Section or as disclosed to you prior to confirming a transaction that would incur a fee, OfferBooth does not charge any fees for deposits from bank accounts or debit cards, storing funds, or sending or receiving funds. If you choose to deposit funds using a credit card (if available to you), you will incur a percentage-based fee that will be disclosed to you at the time of such deposit. You also agree to pay any other fees that are disclosed to you with respect to the Services or that may be charged by your bank.

If you link a bank account or a debit card to your OfferBooth Account, you should not be charged any fees for deposits. If you choose to deposit by credit card, there will be a processing charge and it is possible that your bank might charge additional fees such as cash advance.

By linking a bank account, debit card, or credit card to your account, you authorize OfferBooth to communicate with your bank or card issuer to provide or obtain any information required by OfferBooth or your bank or card issuer in connection with providing the Services to you. By providing this information your bank is neither endorsing OfferBooth nor is it in any way responsible for the Services.

When you use your bank account, debit card, or credit card to deposit funds, you are requesting an electronic transfer of funds. For bank account transactions, OfferBooth will make electronic fund transfers from your bank account in the amount you specify. You agree that such requests constitute your authorization to OfferBooth to make such transfers. Once you have provided your authorization for a transfer, you will not be able to cancel the electronic transfer. You hereby give OfferBooth the right to resubmit any electronic fund transfer you authorized that is returned for insufficient or uncollected funds. You also authorize us to amend your OfferBooth Account activity to correct such error. You authorize OfferBooth to take necessary action to reverse, credit, or debit any payment in connection with any necessary charge backs, reversals, refunds, or adjustments.

You agree that you will not receive interest or other earnings on the funds that you hold on deposit with Offerbooth and that OfferBooth handles and places in pooled accounts with its banking partners. In consideration for your use of OfferBooth’s listing, businesses and services, you irrevocably transfer and assign to OfferBooth any ownership right that you may have in the interest (if any) that may accrue on funds held on your behalf by OfferBooth in pooled accounts in consideration for the expenses incurred by OfferBooth in connection with maintaining such accounts.

10. Transaction Limits

OfferBooth reserves the right to change the deposit, transaction, conversion, storage, and velocity limits on your account as we deem necessary. We may establish individual or aggregate transaction limits on the size or number of deposits or withdrawals you make during any specified time period.

A “velocity limit” relates to the speed and frequency of transactions. If you are making 1,000 deposits per day, we might need to slow you down a bit.

11. Right to Change/Remove Features or Suspend/Delay Transactions

We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any transactions without prior notice and may limit or suspend your use of one or more Listing, Businesses and Services at any time, in our sole discretion. Suspension of your use of any of the Listing, Businesses and Services will not affect your rights and obligations pursuant to this Agreement. We may, in our sole discretion, delay transaction if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement.

12. Insufficient Funds

If at any point your account has a negative balance (as a result of a deposit being charged back, rejected, reversed or otherwise), OfferBooth may deduct amounts you owe from the balance of your account from funds you subsequently deposit or receive into your account or from any other OfferBooth Account that you hold. If OfferBooth requests that you complete a deposit in order to resolve a negative balance issue and you fail to do so, you authorize OfferBooth to initiate a deposit in the amount of such deficiency from your linked bank account or debit card. If you have more than one account, OfferBooth may set off the negative balance in one account by using any balance that you hold in your other accounts (and then close such additional accounts).

13. Refunds; Reversals

Once a transaction has been initiated, it cannot be reversed. Deposits using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. Except as set forth in this Agreement, all payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your transactions by logging into your OfferBooth Account.

14. Restricted Activities

In connection with your use of our Listing, Businesses and Services, you hereby agree that you will not:

• violate (or assist any other party in violating) any applicable law, statute, ordinance, or regulation;
• intentionally try to defraud (or assist in the defrauding of) other OfferBooth users;
• provide false, inaccurate, or misleading information;
• take any action that interferes with, intercepts, or expropriates any system, data, or information;
• partake in any transaction involving the proceeds of illegal activity;
• transmit or upload any virus, worm, or other malicious software or program;
• attempt to gain unauthorized access to other OfferBooth Accounts, the OfferBooth website, or any related networks or systems;
• use the Services on behalf of any third party or otherwise act as an intermediary between OfferBooth and any third parties;
• collect any user information from other OfferBooth users, including, without limitation, email addresses;
• defame, harass, or violate the privacy or intellectual property rights of OfferBooth or any other OfferBooth users; or
• upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images or materials for use as an avatar, in connection with a payment or payment request, or otherwise.

15. Prohibited Payments

Using the Services to make the following types of payments is prohibited, and OfferBooth reserves the right to monitor for payments that relate to:

• any Restricted Persons or persons or entities located in Restricted Territories weapons of any kind, including but not limited to firearms, ammunition, knives, or related accessories;
• controlled substances including but not limited to narcotics, prescription drugs, steroids, or related paraphernalia or accessories;
• gambling activities including but not limited to sports betting, casino games, horse racing, dog racing, lotteries, games of chance, sweepstakes, games of skill that may be classified as gambling (i.e. poker), or other activities that facilitate any of the foregoing;

We understand that gambling may be legal in your jurisdiction, but unfortunately we cannot allow you to use OfferBooth in connection with these activities.

• constitute money-laundering or terrorist financing;
• any sort of ponzi scheme, pyramid scheme, or multi-level marketing program;
• goods or services that infringe or violate any copyright, trademark, or proprietary rights under the laws of any jurisdiction;
• debt settlement, refinance, or credit repair services;
• court ordered payments, structured settlements, tax payments, or tax settlements;
• the sale of money orders or cashier’s checks or any money transmitter activity;
• lottery contracts, layaway systems, or annuities;
• counterfeit goods, including but not limited to fake or “novelty” IDs;
• any other matters which we communicate to you that are unacceptable from time to time and which, for example, may be restricted by our and your bank or payment partners.

In the event that OfferBooth learns that you are making any such prohibited payments, OfferBooth may suspend or terminate your OfferBooth Account.

16. Unauthorized Transactions

If an Unauthorized Transaction (as defined below) or Error (as defined below) occurs through your account, and you follow the procedures set forth in this Section, OfferBooth will reimburse you for the amount of any eligible Unauthorized Transaction and any losses resulting from an Error, subject to the limitations set forth in this Section.

What Constitutes an Unauthorized Transaction or Error?

For purposes of this Section, “Unauthorized Transaction” means a transaction that was initiated from your account without your authorization and that does not benefit you.

For example, if someone steals your phone and makes a payment without your permission, it would constitute an Unauthorized Transaction. However, if you share your login credentials with someone who then sends money without your permission, that would not constitute an Unauthorized Transaction.

For purposes of this Section, an “Error” means one of the following: (i) if your bank account, debit card or credit card is charged for a deposit, OfferBooth receives the funds, but it doesn’t show up in your account, (ii) if you complete a transaction and the funds are not properly delivered by debit card or credit card, (iii) if you send a payment and we debit your account for an amount in excess of the send amount, (iv) if you receive a payment and we do not add the proper amount to your account, (v) if the transaction records in your OfferBooth Account do not accurately reflect your transactions.

Notifying OfferBooth of an Unauthorized Transaction or Error

You should notify us immediately if you believe that (i) an Unauthorized Transaction or Error has occurred, (ii) your password and/or two-factor authentication access has been compromised, (iii) a device on which you have downloaded the OfferBooth app or which contains an active OfferBooth session has been stolen or lost, or (iv) you believe there is an Error in your transaction records or account history, or you have a question regarding your transaction records or account history.

Remember, if your OfferBooth -enabled phone is ever lost or stolen, in addition to notifying OfferBooth immediately, you can also login on another device and force all other active devices and sessions to be logged out through the Settings menu.

Notification Process

The fastest and most efficient way to notify us of an Unauthorized Transaction or Error is to contact Support via email at [email protected] . You can also notify us by phone during our phone support hours by calling +91-89683-00669 or by sending an old fashioned letter to OfferBooth Internet Financial, Panchkula, India. If you choose to notify us by phone, we may require that you follow up any phone discussion with a written confirmation within ten (10) business days so that we have a documented record of your notification.

However you choose to notify us, you must include: (i) the name, email and phone number associated with your OfferBooth Account, (ii) a detailed description of what Unauthorized Transaction or Error you believe occurred, or what information you need in order to determine if an Unauthorized Transaction or Error occurred, and (iii) the amount of such Unauthorized Transaction or Error.

Note that in connection with investigating and/or resolving any Unauthorized Transaction or Error, we may need to request further information from you regarding the circumstances of the Unauthorized Transaction or Error. If you do not provide such additional information, it may inhibit our ability to resolve your issue or your rights under this Section.

Steps OfferBooth Will Take Following Notification

Once you have provided us with proper notification (including delivering all of the information set forth in the subsection above and responding to any requests for further information), we will investigate the potential Unauthorized Transaction or Error. We will typically be able to complete our investigation within ten (10) days, but may require up to thirty (30) days if your account is new (meaning your account has been open for less than thirty (30) days at the time we receive your notification).

Sometimes, we may need more time in order to complete our investigation (up to thirty (30) days, or sixty (60) days for a new account). If we need to take more than ten (10) days to investigate your claim (or thirty (30) days for new accounts), we will provisionally credit your account with the amount of such Unauthorized Transaction or Error.

Once we have completed our investigation, we will notify you of our decision within three (3) business days. If we have determined that your claim of an Unauthorized Transaction or Error is valid and eligible, we will credit your account for the amount of the Unauthorized Transaction or Error, subject to the limitations set forth below. If we have already provisionally credited your account and determine that your claim of an Unauthorized Transaction or Error is valid and eligible, you will be allowed to keep such provisional credit. If we have already provisionally credited your account and determine that your claim of an Unauthorized Transaction or Error is not valid and/or eligible, the amount provisionally credited will be debited from your account.

Regardless of the results of our investigation, we will send you an email explaining the basis for our decision. If you have any questions or concerns regarding our decision, you can request further information regarding the details that led to our decision.

Errors We Discover

If we discover an Error on our own that results in you receiving less than the amount of funds to which you are entitled, we will rectify it by crediting your account for the difference. If we discover an Error on our own that results in you receiving more than the amount of funds to which you are entitled, we will rectify it by debiting your account for the difference.

Due to these limitations, you should always keep a close eye on your OfferBooth account, push notifications, email receipts and monthly account statements that you receive from OfferBooth to make sure that such transactions are authorized or so that you can avail yourself of the full benefits of this Section

17. Reversals, Chargebacks & Other Claims

If a payment that you receive is later invalidated for any reason, you are responsible to OfferBooth for the full amount of such payment. This means that if the sender disputes the authorization for transaction or initiates a chargeback with their bank or card issuer, you may be liable for the full amount of such payment. If it is determined that such transaction was unauthorized or the chargeback is validated by the sender’s bank or card issuer, you authorize OfferBooth to recover any amounts due to OfferBooth by deducting such amount from your OfferBooth Account balance. In the event that your OfferBooth Account balance is not sufficient to cover the full amount, you authorize OfferBooth to reverse any withdrawals or require you to take other steps to reimburse OfferBooth. If OfferBooth is unable to recover the full amount that is owed, OfferBooth may take additional steps including the initiation of legal actions to recover the full amount, to the extent allowed by applicable law.

18. Taxes

OfferBooth will maintain a record of your transaction history, which you will be able to access through your OfferBooth Account for purposes of making any required tax filings or payments, but it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. OfferBooth will make any tax withholdings or filings that we are required by law to make, but OfferBooth is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

19. Amendments

We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised User Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.

If the revised Agreement includes a material change we will provide you with prior notice via our website and/or email before the material change becomes effective. For this purpose a “material change” means a significant change other than changes that (i) are to your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new listing, businesses or service made available to you, or (iv) to otherwise clarify an existing term.

20. Third Party Applications

If you grant express permission to a third party to connect to your account, either through the third party's listing, businesses, and services or through OfferBooth, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold OfferBooth responsible for, and will indemnify OfferBooth from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

21. Website; Third Party Content

OfferBooth strives to provide accurate and reliable information and content on the OfferBooth website, but such information may not always be correct, complete, or up to date. OfferBooth will update the information on the OfferBooth website as necessary to provide you with the most up to date information, but you should always independently verify such information. The OfferBooth website may also contain links to third party websites, applications, events or other materials ( “Third Party Content” ). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by OfferBooth of any listing, businesses and services. OfferBooth shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the OfferBooth website or in any Third Party Content.

22. Limited License; IP Rights

We grant you a limited, non-exclusive, non-sub licensable and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Services solely for approved purposes as determined by OfferBooth. Any other use of the Services is expressly prohibited. OfferBooth and its licensors reserve all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by OfferBooth, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Listing, Businesses and Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. "OfferBooth.com", "OfferBooth", and all logos related to the Listing, Businesses and Services are either trademarks, or registered marks of OfferBooth or its licensors. You may not copy, imitate, or use them without OfferBooth's prior written consent. All right, title, and interest in and to the OfferBooth website, any content thereon, the Services, and all innovation and any content created or derived from any of the foregoing is the exclusive property of OfferBooth and its licensors.

23. Legal Compliance

The Services are subject to India location - based services Regulations, and, by using the Services, you represent that your actions are not in violation of such usage control restrictions. Without limiting the foregoing, you may not have the full access to the Listing, Businesses and Services if you are not a citizen of India.

24. Entire Agreement

The failure of OfferBooth to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties, except as specified in this section. The heading and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement, including OfferBooth’s policies governing the Listing, Businesses, and Services referenced herein, the Privacy Policy, and the mobile App Consent constitute the entire agreement between you and OfferBooth with respect to the use of the Services. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and OfferBooth and other OfferBooth affiliates which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.

This Agreement (along with the Privacy Policy and mobile App Consent) is the only documents that govern your relationship with OfferBooth. If some future court judgment deems any particular provision of this Agreement unenforceable, the rest of the Agreement is still valid, except as specified in this section.