Consumer Terms of Service ("Terms")

1. Acceptance of Terms; General Information

By using the Site and any of its features, including any user registration or subscription for information (if any), or any otherwise interaction with the Site, User expressly agrees to be bound by these Terms and represents that User is authorized to agree to the Terms and transact and interact as provided for herein. These Terms represent a legal document and govern the rights and obligations between Price Fighter and User as well as the relationship with other relevant parties notably vendors. Price Fighter reserves the right to refuse the use of the Site with or without reason and is not responsible if User accesses the Site or uses the Services in any manner that violates applicable laws and regulations or these Terms.

Access to this Site and use of its services are for User's own use only. The Site is offered and made available only to users which are 16 years of age or older or; if you wish to use the Cash Back function, users are required to be 18 years or older. By using the Site, You represent and warrant that You are of the required legal age and of legal capacity to enter into these Terms with Price Fighter and meet all further eligibility requirements, if any. If you are a legal entity, You represent that you are duly represented. If You do not meet all of these requirements for whatsoever reason, You must not access or use the Site. Price Fighter does not knowingly collect or maintain personal information from persons lacking legal capacity. Access to the Site and its services are for User's own and personal use only, and User may not provide them in any way to anyone else or use them for commercial purposes save only for vendors to ascertain or assess competitive pricing for their products.

Definitions

Unless otherwise provided for herein, defined terms shall have the following meaning ascribed to them.

"Buy Now Vendor" has the meaning ascribed to it in Clause 5.viii.

"Cash Back" or "Pay Back" has the meaning provided for in Clause 9.

"ChaChing" means ChaChing Transactions Inc or its affiliates providing certain services in connection with the operation of the Site and Services.

"Consumer" means a User interacting with the Site with the intent of participating in the Price Fighter platform or surfaces to search for offers of goods and products by advertisers and vendors.

"Eligible Payment Card" means payment cards eligible for registration as a method to receive Cash Back or credit or to make payment to Price Fighter in connection with chargeback by a User; not all Visa, MasterCard, and American Express cards are eligible for registration; in case you fail to register with a payment card, you will not be able to use the Cash Back function of Price Fighter and, therefore, please contact your card issuer or customer support.

"Fair Use" has the meaning provided for in Clause 5.

"Fee" has the meaning provided for in Clause 9.

"Linked Payment Card" means an Eligible Payment Card registered and linked to the User account in accordance with these Terms.

"Listing" means the posting on the Site of a post or display by a Vendor or enabled by a Vendor to enable the sale of goods or services to User with sufficient details of certain goods or services, including, inter alia, one or more of certain product details, actual or generic images, sales and delivery conditions, prices, communication details, and links to the Vendor site or store to conclude the sale of such goods and services on the terms set by the Vendor on Vendor's site or store and with Price Fighter Cash Back as further provided for in the Terms.

"Payment Agent" has the meaning provided for in Clause 9.

"Payment Card Networks" means Visa, MasterCard and American Express.

"Personnel" means any officer, employee, contractor or consultant of Price Fighter.

"Services" means the operation of the product and price search function and the Cash Back function made available through the Site.

"Site" means the Price Fighter website made available or operated by Price Fighter for the purpose of enabling a search of offers ("Offers") of goods and products and using the links ("Links") displayed to navigate to the online stores of the relevant vendors of such goods and products.

"Supplier" means a third party provider of services to Price Fighter for the purpose of operating the Site, its services or any aspect connected thereto.

"Vendor" means a user interacting with the Site and its services with the intent to ascertain or assess competitive pricing for their products or promoting goods through the Price Fighter platform or surface and soliciting Consumer interest.

2. Scope of the Terms

i. In addition to the provisions contained in these Terms, the privacy policies, cookie policy and other relevant policies announced by Price Fighter on the Site from time to time constitute the content of the Terms, which shall be incorporated by reference and have the same effect as these Terms. Where such policies and rules for use are incompatible with these Terms, the more specific provisions, and absent that the more recent provisions, shall have pre-eminence.

ii. If You do not agree to be bound by any of these Terms, You shall not use the Site or its services in any way.

3. Changes to Terms

i. Based on various factors such as, inter alia, compliance, legal and regulatory environment, security, streamlining, enhancement of User experience, or industry practice, Price Fighter may in its sole discretion at any time unilaterally make changes to the Site, its services, its features or functionalities, entity to operate the Site and its services, or adjust or change the content of these Terms without consent of, or any liability to, the User, even though these changes may affect Your user experience or otherwise the Site's services including Cash Back.

ii. Any adjustment of or change to the Terms, and any applicable policy or privacy statement or rules of use will become effective upon its publication on the Site or in case of a registered User in the User's registered account. If User does not agree to an adjustment of or change to the Terms, User shall immediately cease using the Site or its services. If User continues to use the Site, User shall be deemed to have agreed to the Terms then in effect. In case of a registered User, it is User's obligation to keep User's contact details up to date; Price Fighter may in all case rely on the contact details in User's account.

iii. All changes provided for in this Clause 3 shall remain subject to mandatory applicable laws and regulations. Where laws and regulations are mandatory for a specific geographic region, service or user, they shall apply to such area, service or user only.

4. Interaction with Participating Users and Third-Party Terms

In accessing and use of the Site, User may be subject to additional terms, rules, policies, and conditions. By using any part of the Site and its services, User allows Price Fighter to collect and share relevant information about User, if any, with our participating Price Fighter platform or surface partners and service providers for purposes of operating the Site and its services and general Price Fighter platform or surface marketing and advertising only regardless of User's actual interaction with the Offer Links or Listings provided; in connection with Cash Back, Price Fighter may collect and share relevant information about User and Cash Back related transaction and payments (including, e.g., Payment Card charge information) with its service providers, fulfilment partners, paying agents, relevant Payment Card Networks and verification providers, and Vendors, regardless of Users actual interaction with each as provided for herein.

5. Cash Back account registration; Usage; Security

i. User shall be an individual with full legal capacity. User represents that no action has been taken that could lead to User being in unsustainable personal debt, declared or found bankrupt or subject to credit default procedures. User shall in no case use a representative or agent to register, transact or otherwise act on or through the Site. User agrees to be responsible for, and bound by, all actions, and information obtained, by anyone accessing the Site with User hardware or credentials and such actions shall be fully attributable to User irrespective of User's knowledge of such access. User agrees to provide accurate personal, payment and Payment Card data when registering the account and shall update such data at any time there is any change. If information provided by the User is false or not updated in good time, resulting in direct or indirect damages to Price Fighter or its service providers, including ChaChing, User agrees to hold Price Fighter and such service providers harmless of such damages including related investigative, legal and enforcement costs.

ii. At no times shall User employ any bots or otherwise aggregation or scraping mechanisms when accessing the Site and its services. Price Fighter may at its discretion conduct detailed or cursory user good faith verification either directly with its own resources or through third party services. User authorizes Price Fighter to conduct such good faith user verification enquiries and communicate information to such third party providers for this purpose.

iii. After User completes the account application for Cash Back registration, Price Fighter may conduct cursory or more detailed user verification and credit assessment ("Verification") either directly with its own resources or through third party services such as, inter alia, Payment Card Networks, payment card providers, ChaChing, or identity verification or credit history tools provided or operated by third party suppliers. Following successful registration, User will obtain use of the Site for Cash Back functionalities. Price Fighter may at any time conduct further in-depth background or verification checks into User's details or financial or fraud history.

iv. User may not utilize the full functionality of the Site and the Services, including, inter alia, making purchases with Cash Back or withdraw amounts carried in User's account wallet, until User has provided and at all times maintains an Eligible Payment Card acceptable to Price Fighter in its sole discretion, as provided for herein.

By registering and linking an Eligible Payment Card, you authorize Price Fighter and its relevant payment process service providers to share your payment card information with the relevant Payment Card Network. You authorize such Payment Card Network, payment processing service providers and Price Fighter to monitor, and exchange information related to, transactions on your Linked Payment Card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned a Cash Back linked to your payment card, credit the corresponding amount to your Linked Payment Card, and charge back, or charge, your Linked Payment Card the corresponding amount in case of a return, refund, or sales reversal. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s); however, a) such opt-out may only be done for future transactions, and b) this may result in your ineligibility for participation in Price Fighter's core functionality of participating in Cash Back. In case you have recently received a Cash Back, you cannot remove the relevant payment card(s) fully (i.e., only deactivate new transactions) until the relevant returns or transaction reversal periods have expired. We currently use third party suppliers and Payment Card Networks to monitor card transactions for your participation in the Price Fighter Platform. Your agreement to these Terms authorizes such parties to monitor the transactions made with your Linked Payment Cards at participating Vendors and Vendors to confirm qualified transactions. The data collected in connection therewith includes, inter alia, Your registered card identifier, relevant merchant location, transaction date/time and amount.

v. Subject to the Terms and all applicable rules, laws and regulations, Price Fighter grants User limited, revocable, non-transferable and non-exclusive access to use the Site only for User's personal good faith and fair use. User shall not access, use, reproduce, redistribute, copy, adapt, modify, license, sell, transfer, publicly display, publicly execute, transmit, broadcast or otherwise develop derivative works of the Site, its services or their content, or links to third party sites contained or displayed therein, or otherwise use such content to compete with, or further third parties' competition with, the Site and its services. If User downloads or prints a copy of the content of the Site or Services for permitted use, Price Fighter shall retain the exclusive copyright and other proprietary notice prompts related to the downloaded or printed content. User or anyone accessing the Site may in no case reverse engineer, deconstruct, use any part for machine learning or AI, scrape, crawl or otherwise use spiders, bots, software or other devices to collect any content, user information, or part thereof, other than expressly provided for in these Terms.

vi. If User has any indication, suspects or finds that there may have been any form of illegal access through its infrastructure or that there is any abnormal situation that could adversely affect the security of the Site, its services or their security of use, User shall notify Price Fighter immediately and cease any related action or connection. Price Fighter may immediately suspend in whole or in part access, activity and subsequent processing of any communication or similar. Price Fighter shall in no case be liable to compensate User, Vendors or any third party in connection with the management, maintenance, operation or security of the Site or its services, User access or use thereof, or in case any User data or details are used, accessed or compromised by a third party.

vii. As a social ecommerce and advertising platform, the Site functions only for consumer users to search offers for goods and services and, to the extent applicable, for Vendors to post Listings. Consumer Users thereafter conduct transactions directly with the relevant Vendor merchant online on the relevant Vendor merchant's website. All transactions resulting from or connected to a Vendor Listing (if any) through a link to Vendor's online shop or website shall be agreed and performed by User directly with the relevant Vendor merchant(s); Price Fighter or its service providers will not be a party to that transaction and will serve only to administer Cash Back related to such transaction in accordance with these Terms.

viii. In cases where Users use the 'Buy Now' function to buy goods and services through Price Fighter's or Price Fighter's service provider's AI partners or otherwise purchase partners as merchant of record ("Buy Now Vendor"), such as, e.g., Rye, Price Fighter or its service providers may collect certain User data, such as, e.g., goods description and order quantity, User name and shipping address, on behalf of such Buy Now Vendor but will not be a party to that transaction and will serve only to assist in the administration of Cash Back (if any) or may otherwise provide customer support on behalf the Buy Now Vendor. Any Buy Now sales transaction shall be deemed agreed and performed by User directly with the relevant Buy Now Vendor merchant(s). Irrespective of whether Price Fighter provides general assistance through its customer support, all dealings with Vendors and its agents in respect of Buy Now transactions shall be between User and Buy Now Vendors and their customer support, including regarding, e.g., payment matters, returns, refunds, warranty matters, sales reversal, or general customer support and in no case shall Price Fighter or its service providers have any liability or obligation in connection therewith.

ix. Price Fighter may, from time to time, run advertisements and promotions of behalf of third parties on the Site. User's dealings or correspondence with, or participation in promotions of, parties other than Price Fighter, and any terms, conditions, warranties or representations associated with such dealings, are solely between User and such third party. User shall however bear the responsibility of Price Fighter being kept informed of any returns, refunds, sale reversals, or any other claims of similar nature and Price Fighter being able to charge back any Cash Back paid out to the User's payment card on account as further provided for herein.

User shall upon refund, return or sales reversal not claim or seek to claim or accept from the relevant Advertiser or merchant any amounts whatsoever representing all or a portion of the Cash Back received.

6. Contents of this Site

i. All Price Fighter or third party content, including without limitation, any descriptions and images of, and references to, third-party goods and products, prices, Offer terms, Offers, Links, or portions of the Site available in connection therewith, reviews or recommendation or opinion, promotion, and market review or information, or opinion pieces are provided on or through the Site or its services are for informational purposes only, and, where produced or aggregated or reproduced from third party sources, shall not be construed to indicate that any such content is endorsed by Price Fighter in any form, nor is there any representation or warranty by Price Fighter that such content is reliable, accurate, timely, complete, free from omissions, effective, or safe for User's use to base commercial or other transactional or purchase relevant decisions on or to replace User's own careful due diligence. All third party content, including without limitation, any descriptions, images, references, features, content, specifications, and services and values, or promotion featured through the Services are subject to change at any time without notice.

ii. The Site or its services may contain testimonials, reviews or statements collected and aggregated by Price fighter from various sources and information employing Price Fighter's proprietary processes and mechanisms. Such content is displayed on the Site on an aggregated basis and Price Fighter does not control nor independently verify such content. If you have objections or otherwise wish to notify Price Fighter of any comments or queries in relation to such testimonials, reviews or statements, you may do so without delay to legal@pricefighter.com and include 'Submission and Content Review' in the subject line; without such designation, Price Fighter will not be able to attempt timely review. Irrespective of such notification and actual review, in no case shall Price Fighter be held liable for any action or omission or lack of action or timeliness in respect thereof and these shall remain entirely in Price Fighter's discretion. At no time shall Price Fighter be liable to User, any Vendor, Consumer or any third party in connection with such content and its decision to, at its discretion, conduct a review or suspending or removing such content.

iii. If you at any time find that any content, Offer or Link may be in contravention of the Terms or above circumstances, please immediately contact: legal@pricefighter.com with 'contravention' in the subject line and an in-detail description of the relevant circumstances including screenshots where possible; without such designation, Price Fighter will not be able to attempt timely review. Price Fighter may in its sole discretion determine whether and, if so, how to reply to such notification or provide any further information of its review process. Irrespective of receipt of such notification and actual review, Price Fighter shall in no case be held liable for any action or omission or lack of action or timeliness in respect thereof and these shall remain entirely in Price Fighter's discretion.

iv. Price fighter provides all goods and product search, offer and link content (including, amongst others, Listings) in good faith, for fair use but does not suggest any form of association, approval, verification or endorsement on our part. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with these Terms. We may disable all or any social media features and any links at any time without notice in our discretion. However, we cannot, and do not undertake to, review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Further, we cannot take responsibility that offer and links information, including Listings, displayed has not been superseded since collected and displayed by us. Accordingly, we assume no liability or responsibility to anyone for the accuracy or the prices and purchase terms displayed, completeness of search results, the accuracy of the offers and links including Listings displayed.

7. User prohibited conduct

User recognizes that the following actions and conduct are specifically prohibited:

• Using false information or using others' data or information;
• Transfer, lease, or lend the User access data or infrastructure to others for their use;
• Conduct that is capable or designed to disrupt the purpose of the Site or good faith use by other users or third parties;
• Using the Site or its services in a way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US, UK, EU, or other countries);
• Impersonating or attempting to impersonate Price Fighter, a Price Fighter employee, another user, or any other person or entity (including, without limitation, by using email addresses or user access infrastructure or IP associated with any of the foregoing);
• Engaging in any other conduct that, as determined by us, may harm Price Fighter, third party suppliers or users of the Site, or expose them to liability;
• Using any search assets or Link in a manner that is capable or designed to damage the personal or business reputation or business and property interests of Price Fighter or other users or third parties;
• Linking to, from, or publishing on the Site, in whole or in part, in a manner that is not compatible with personal Fair Use or in connection with content the nature of which is, in whole or in part, obscene, pornographic, promoting or enabling substance abuse or the trading of illegal substances, supporting gambling, violence, terror, or abetting hate or crime, fraudulent, or false and untrue, insulting, slanderous, threatening or violating third parties' privacy;
• Accessing the Site or its services through expert systems, electronic agents, spiders, scrape, "bot" or other automated means;
• Using scripts, hidden or disguised code, or disguised redirects to derive financial or other undue benefit from Price Fighter, the Site or its services; and
• Obtaining, deleting, altering, or interfering with the electromagnetic records of computers or related equipment of Price Fighter, the Site or its services or others by way or data manipulation, phishing, computer programs or other direct or indirect physical, electromagnetic or other actions or means.

8. Cash Back; Registration; Payment; Returns and Refunds

i. In addition to its product search function, Price Fighter offers You the ability to earn Cash Back on your purchases of goods and services from third party Vendors completed in accordance with these Terms and subject to the relevant Vendor's terms and conditions. To participate in Cash Back, you need to have registered an account on the Site and at all times maintain an eligible Payment Card on file.

ii. Price Fighter may receive a commission or compensation for referring buyers to the Vendors and merchants participating in this platform. We give a large part of this fee to the relevant User as Cash Back. Compensation received by Price Fighter may play a part in whether Vendor Listings and products appear on the Site, where they are placed, and how they are promoted to the User. Price Fighter does not sell or transfer personal or transaction data to any third party and only transfer certain data to service providers for the purpose of the operating the Price Fighter platform and enabling and operating Cash Back transactions with Vendors or merchants as well as possible charge back as provided for in these Terms. Participation in this platform and the opportunity to earn Cash Back are offered at the sole discretion of Price Fighter and subject to User's compliance with these Terms.

iii. Cash Back will be credited only in the amount clearly stated at time of purchase and only for items finally bought, not returned or refunded and only for sales not reversed. In case of a return, refund, or a reversed sale, User shall not claim back or retain, neither from Vendor or merchant nor from Price Fighter or any third party, any portion, in whole or in part of the Cash Back value received from or on behalf of Price Fighter. Where relevant or upon request by Price Fighter, User shall inform the relevant Vendor or merchant of the Cash Back received. Vendor shall in no case conduct, and User shall not claim or seek to effect, a return, refund or sale reversal after a period ending 30 (thirty) calendar days following the date of the sale; any returns, refunds or sale reversals after that period are at the sole risk of the Vendor and User and Price Fighter is not required to participate in the relevant process. User shall in that case ensure that Vendor is aware of the Cash Back received at the time User submits any such late return, refund or sale reversal. User expressly consents that Vendor may upon return, refund or reversal of a sale offset any Cash Back from the return or refund of sales price and User expressly authorizes Price Fighter to immediately charge back to User any amounts unduly claimed or retained on the relevant payment method including, inter alia, User authorizes Price Fighter and its relevant service providers including Payment Card Providers to immediately charge the Linked Payment Card maintained on file in User's Price Fighter Account or any respective credit cards used in the sale with the amount of the Cash Back paid out to User in connection with the sale.

iv. In order to earn Cash Back, User must be signed into the Site, complete the purchase transaction with the Linked Payment Card only, make a purchase with the relevant Vendor or merchant at the time of Listing through the link provided on the Price Fighter platform and complete the purchase transaction during the designated time frame and in accordance with all applicable terms and policies, both by Price Fighter and the relevant Vendor. If User visits other sites before completing the purchase or uses further discounts, coupons or vouchers, the purchase might be associated with a non-eligible service and User might not earn Cash Back on the purchase. If User disables "cookies" on the device used, User will likely not be able to earn Cash Back because such cookies may be required to authenticate the User and verify User's account as eligible for the Cash Back for the specific transaction. User must use the identification and verification method provided (such as, inter alia, the links provided, scanning of the relevant QR code or use of coupon), make a purchase with the relevant Vendor.

v. Price Fighter and its service providers will apply verification methods containing a description of the subject products, the Vendor and the completion processes specific enough to enable Price Fighter and its third party service providers (including, inter alia, Payment Card Networks and verification services) to verify that the purchase was made and not refunded, reversed or rescinded. For this purpose, User allows Price Fighter and the relevant Payment Card Networks or suppliers to process the relevant information and access and identify all relevant details of the payment and purchase process for a period ending on the later of the date that i) refund, return or reversal is no longer possible in accordance with these Terms and the Vendor's transaction terms and ii) a charge back is being executed by Price Fighter. Price Fighter may at any time in its sole discretion limit the number of Cash Back submissions that can be processed by a User for a period of time or a maximum quantity of items or purchase price.

vi. Cash Back is credited to, redeemed from, User's Price Fighter account wallet solely by way of i) Price Fighter crediting the User wallet in accordance with these Terms and the relevant qualifying transaction Cash Back, and thereafter, once the relevant specific withdrawal criteria are met, ii) Price Fighter, at its discretion, crediting User's Linked Payment Card linked to User's Price Fighter account. Depending on the offer, Listing, Vendor terms, applicable return or refund period, and the status of User verification and linked payment method, Cash Back will be credited to User's Linked Payment Card from User's Price Fighter wallet after the purchase either shortly after the purchase or after expiry of the applicable return or refund periods, as determined by Price Fighter in its absolute discretion. If any amounts are held in User's Price Fighter account wallet by our payment process service providers, User can request transfer of wallet amounts in accordance with the periods shown in the account wallet from time to time or if marked as cleared for withdrawal. Once a wallet withdrawal request is approved and the selected item is authorized by Price Fighter, the Cash Back wallet balance will be reduced by the designated amount selected by User.

Please note that any withdrawal still remains subject to possible charge back by Price Fighter or its payment service providers of the amounts withdrawn in cases of return, refund or sales reversal, suspicion of fraud, or as otherwise provided for in these Terms. Price Fighter may, at its sole discretion decide to offset any charge back amounts against amounts still held in User's Price Fighter account wallet. We are not responsible or liable for any error, loss or delay in connection with the withdrawal, transfer or redemption process or if any amounts are delayed or held by a payment services provider, Payment Card Network or otherwise account provider for reasons related to User, User's operation of User's payment card or bank account, or User's payment or account providers. If you have any questions or concerns with the redemption process, you may contact us at support@price-fighter.com.

User has no property rights in Cash Back, and Cash Back can only be used as described from time to time in these Terms, on the Site, and in the relevant Listing or offer. Cash Back shown in the User account wallet has no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash other than expressly set forth at the time of purchase and otherwise in accordance with these Terms. The Cash Back wallet balance is not transferable, cannot be inherited or divided as part of a settlement, legal proceeding or death, and cannot be combined with cash or rewards of any other member in the Price Fighter platform or third party programs. Cash Back may not be brokered, bartered, attached, pledged, gifted, or sold. Expired Cash Back cannot be redeemed or claimed, and User must be an active member of the Price Fighter platform with a fully active, registered and compliant account and a Linked Payment Card in order to redeem Cash Back.

vii. Payment and purchase verification software may not always be accurate; if User deems an item to be improperly identified or reflected, User will use the appropriate platform information and support tools to process and resolve this inaccuracy. In the case this does not resolve the issue, contact the Price Fighter support team. In some cases, the in-app correction processes may not be available for certain transaction types in which case User should contact the support team. User may have a limited period of time, as stated on the platform, in which User may be allowed to correct submissions. It is the User's responsibility to review submissions and support material to confirm accuracy. Price Fighter or any other affiliated business, participating Vendors, and/or service providers are not responsible for any inaccuracies in this process, and resolution of inaccuracies.

viii. As a condition for earning, accruing and withdrawing Cash Back in accordance with these Terms, User must: i) establish and at all times maintain in good standing an active account with Price Fighter, ii) provide and maintain a valid email address that User exclusively owns and has access to and is able to receive email, iii) provide, maintain and at all times keep safe a secure password to protect the User account and wallet, iv) register, provide and at all times maintain a Linked Payment Card accepted by Price Fighter, and v) provide and maintain up to date User's physical address and mobile telephone number. User's linked payment method must be linked only to User personally and User must not use a linked payment method associated with another Price Fighter account; a single email address cannot be connected to multiple Price Fighter accounts. User must not be a resident of a country, or be an individual, subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department's Office of Foreign Assets Control ("OFAC"), by the United Kingdom or the European Union, or be listed as a "Specially Designated National," a "Specially Designated Global Terrorist," a "Blocked Person", or similar designation under the OFAC sanctions regime. User agrees to provide additional information we may reasonably request to verify User's identity and payment methods as a condition for User to withdraw from the account wallet and receive payment.

ix. There are no general usage or registration fees or charges to the User for the use of the Site and any transaction such User may conclude with Vendors as a result of the permitted and compliant use of the Site; Price Fighter may however claim certain fees and charges in connection with the operation of the Cash Back as provided for herein and on the Site. Fees and charges may include, without limitation, bank charges in connection with the withdrawal of Cash Back from the account wallet or charge back; User shall bear all User's own fees and those related to the relevant purchase transaction (if any; in any applicable jurisdiction). Price Fighter may withhold fees and charges arising in connection with Cash Back or otherwise from the use of the Site, as well as, without limitation, resulting from any exchanges, returns, or network services. These Terms do not cover, nor affect, any payment terms directly agreed between users, i.e., consumer Users and Vendors in connection with sales transactions (if any) resulting from the use of the Site, including Buy Now transactions in accordance with Clause 5.viii, which remain exclusively between such parties; Price Fighter is no party to these transactions in respect of payment or receipt of considerations and has no liability or obligation whatsoever in connection with these as further set forth herein, provided however, that Price Fighter may operate, in whole or in part, any Cash Back processes, or in case of Buy Now transactions as provided for in Clause 5.viii, related to such transaction.

x. Account statements and wallet balances are system generated and can be viewed at any time by logging into the User account. Errors can occur and account statements and wallet balances shall not be relied upon, especially, amongst other, in cases of manifest or system error. We reserve the right to in our discretion review and change Cash Back accrual, redemption or withdrawal terms and processes, fees (if any), including add-on chargers (if any). Any changes will be notified to User in writing (e.g. via email or posting notices in the User account) or by generally posting the changes on the Site.

9. User Responsibilities; Breach of Terms; Price Fighter Remedies

i. In case of an actual or alleged violation of the Terms by User, or attributable to User, Price Fighter has the right to take such actions it reasonably deems appropriate, including but not limited to, deleting, suspending, hiding, modifying, or removing content or otherwise material from the Site, suspending or terminating User's use or access, banning User from access or use of all or part of the Site or its services and User account or wallet, indefinitely retain or withhold without compensation any amounts accrued in the User account wallet, and has the right to take appropriate legal action against User; Price Fighter may at its discretion, cooperate with authorities or public offices or third parties in any investigations of misconduct or breach including the provision of records of User access details, investigating User origins and details, or User access origin or activities or access history. Price Fighter shall in no case be liable to any User or any third party for any disruption, inconvenience or damage that may arise from the actions set forth above. Price Fighter shall not be required to provide copies or statements of deleted or restricted or otherwise investigative account activity to User. Price Fighter may privately or publicly communicate, and contract, such actions to third parties as Price Fighter deems fit.

ii. Price Fighter may at any time with or without notice to User investigate, verify or confirm the accuracy of user registration data, including, e.g., payment methods, and User shall fully cooperate with such actions. Price Fighter may at any time, with or without notice employ third party providers to conduct such investigation or verification.

If User refuses Price Fighter's investigation or verification processes, or if User has, in the sole determination of Price Fighter engaged in fraudulent or abusive behaviour or in otherwise illicit or bad faith activities, Price Fighter may at any time with or without prior notice terminate, or determine the User to have terminated, this agreement and may retain without compensation any amounts remaining in the User's account or wallet.

Price fighter shall at no time have any obligation to give User notice or provide any details or information on findings of investigations or verification or reasons for its refusal to accept account registration or decision to close and account.

iii. All content, software programs, picture arrangements, images, text compositions, brands, trademark/identifications, service names and intellectual property rights of the Site and its services, other than express references to established third party brands or trademarks, or expressly referenced as aggregated or referenced from third party sources, are owned or licensed by Price Fighter, and shall not be used, copied, reproduced or otherwise processed without written authorization by Price Fighter.

iv. User confirms that User or anyone in violation or otherwise unlawfully – as provided for herein or by laws or regulation - interfering with, those rights of Price Fighter or its licensors shall bear all legal liability and Price Fighter may claim direct and indirect damages resulting in whole or in part from such violation or interference including reasonable legal or enforcement costs and expenses. In case that User breaches the Terms and such breach in whole or in part results in direct or indirect damages to Price Fighter or the Site, Price Fighter may claim damages from User for each infraction.

v. In case of any actual or suspected malware, ransomware, or otherwise deemed malicious attack, phishing attack, denial of service attack, data theft, or similar actions, where such actions are perpetrated by, or with the active or tacit aid of, or through the access infrastructure, or otherwise hardware or software programs of User or generally utilizing in whole or in part User's infrastructure or access data or as a result thereof by a third party utilizing any part of Site functionality or software vulnerability, the relevant User and third party (if any) jointly and severally accept liability for any and all direct and indirect damages caused in whole or in part, including inter alia, loss of reputation, of Price Fighter and liquidated damages for each incident and each user adversely effected.User and any relevant third party, whether it was an active or passive participant and irrespective of whether such party has actual knowledge, consents and agrees that Price Fighter may use any and all actions and mechanisms or software programs, cookies, trackers, intrusive or passive, including active measures such as, e.g., tracker beacons, hidden or overt, to investigate and pursue and enforce its interests to the maximum extent permitted by law; the party in breach or suspected to be in breach, or the third party, specifically consents to the use of such tools by Price Fighter or third parties contracted by Price Fighter and waives all rights (if any) in connection therewith.

10. Access Restriction; Termination

i. Price Fighter may at any time unilaterally decide to restrict, block, suspend, disable, or cancel all or part of User's usage of the Site or its services. There is no right for User to obtain or obligation on Pricer Fighter to provide any further information or details on its decision making process or underlying findings.

ii. User can at any time terminate the use of the Site or its services or request Price Fighter to delete accreditation for the receipt of notices or marketing materials (if any) or the User Cash Back account. If User requests deletion of accreditation, Price Fighter may following deletion retain certain pseudonymized User data and use history for a period of six months, or for such other period as is in Price Fighter's determination required by any relevant policies, including inter alia Price Fighter data retention policy, auditing requirements, or applicable laws and regulations, unless otherwise provided for in the relevant policies from time to time. If User requests deletion of User's Cash Back account or deletion or replacement of a Linked Payment Card, Price Fighter may following deletion retain certain User data and account use history in accordance with Price Fighter's data retention policy, or for such other period as is in Price Fighter's determination required by any relevant policies, accounting, auditing or tax considerations, or applicable industry guidelines, laws and regulations. In case User has interacted with Vendors or received Cash Back, Price Fighter may cease the ability of User to enter into new transactions, but retain relevant User data, including any related payment methods and Linked Payment Card and charge back authorization for as long as Price fighter determines in its sole discretion that User may exercise any return, refund or sales reversal or otherwise be subject to charge back in accordance with these Terms and User expressly authorizes Price Fighter to, despite its deletion request, charge such payment methods in case of return, refund or sales reversal where User claims back any amounts User previously received as Cash Back in relation therewith.

iii. Termination, suspension, or cessation of use or accreditation or account registration shall not affect any accrued rights or obligations. Clauses that by their nature are designed to create ongoing effect, such as, inter alia, confidentiality, non-disparagement, protection of intellectual property, use of information or past access to unduly interfere with Price Fighter's platform, prohibited use, data retention, compliance, indemnifications, or data processing by third parties, and those related to dispute resolution, shall survive expiry or termination of User's access to the Site or its services for a period of three years or such other period as is required to enable Price Fighter to comply with its contractual, legal or compliance obligations or best practice; Price Fighter may amend such periods from time to time.

11. Intellectual Property Rights; Links

i. The ownership of the User access date on the Site belongs to Price Fighter. Text, graphics, editing contents, proprietary search functionality, proprietary Offer and Links aggregations, charts, designs, photos, images, logos, fonts, and other contents on the Site are owned or licensed by Price Fighter and protected by, inter alia, all applicable laws and regulations or, where applicable, of jurisdictions of the respective licensor of Price Fighter. User shall not engage in any act in violation of the laws and regulations governing intellectual property rights.

ii. Where the Site contains links or redirects to third party content, such as, e.g., a Listing, whether or not licensed by Price Fighter, including in particular but without limitation to a Vendor online shop to effect a Cash Back transaction, including in case of a Buy Now transaction provided for in Clause 5.viii, User recognises that Price Fighter does not control such third party content or sites and agrees that Price Fighter shall in no way be responsible for the availability or content of such sites, any transaction concluded thereon, and does not endorse them or make any representations in connection therewith. User shall observe all terms and conditions related to such link or redirect and not take any action in breach of the intellectual property of such third party content or services or otherwise interfere with the good faith use, or terms of licensing, of such third party content or services and hold Price Fighter harmless against any legal claims or demands or any direct or indirect damages Price Fighter may suffer from such actions.

12. Confidentiality, SMS; Email

User who in connection with their use of the Site or its services obtains or utilises information provided by Price Fighter, the Site or by service providers that has not been publicly disclosed in good faith shall keep such information safe, confidential, only use it in accordance with the Terms and not disclose such information without the prior written consent of Price Fighter or the relevant third party other than to comply with mandatory laws, rules and regulations.

User understands and agrees that Price Fighter may, in addition to procedures otherwise set forth herein, to the maximum extent permitted by applicable law use electronic document transmission, mobile phone SMS or email for service of written notices or service of process, in each case utilizing and relying on the account data provided by User.

13. Limitation of liability; Disclaimer; Indemnification

i. Neither Price Fighter nor any of its process, payment card or otherwise service providers shall be liable for any damages, direct or indirect, including consequential, User, any consumer, vendor or supplier or any third party may claim, allege or suffer in connection with the use of the Site or its services, or any third party site or service as a result of a link or redirect, including, inter alia, loss or theft of data, system or data security breaches, system failure or disruption of service, malware or hacking, phishing attacks, damage to electronic equipment, irrespective of whether these occur in whole or in part as a result of action by Price Fighter or third parties.

ii. Price Fighter and any third party provider of Price Fighter shall not be responsible or liable for any User, Vendor or third party conduct on the platform, nor shall it be liable for any damage suffered by any person as a result of such User or third party conduct.

iii. To the extent Price Fighter or any of its process, payment card or otherwise service providers is by virtue of law, these Terms, or otherwise found to have any liability in connection with the Site or the Services, liability shall strictly be limited to resupply of the Services and in case of any losses or damages (whether in contract, tort, or otherwise) not otherwise excluded by these Terms total liability will not exceed the total amount of the lower of the Cash Back and any payments paid by User under the disputed transaction provided User has not had any contributing responsibility or otherwise fraudulent or illicit activity or acted other than in good faith.

iv. Price Fighter uses publicly available information to process and aggregate information, offers and links displayed on the Site and its services and applies its own proprietary processes; for Cash Back Listings, Price Fighter also uses information provided by Vendors through a Listing.

Price Fighter has no obligation to review content accessible to User or posted by other users or Vendors through Listings or otherwise accessible on the platform or its transaction tools content contained in any aggregated product or vendor reviews or in any news or otherwise data or information referenced in offers, links, information displayed and Listings and is in no case responsible or liable for the content, authenticity and correctness of information provided or posted irrespective of whether it has conducted a content review in specific cases. Users shall in no case rely solely on an assumption of completeness of the search function provided, on the Offer information displayed, goods or product reviews or vendor reviews displayed and conduct its own due diligence.

v. Price Fighter only collects, arranges and displays the content through the Site in accordance with set protocols and procedures making it available for review by other users. We take reasonable steps to provide the Site and its Services in a secure, timely, accurate and complete manner. However, it is possible that information provided through the Site or its Services may be incorrect or not current. Further, the Internet has inherent risks, and neither we nor any service providers can guarantee that your access to and use of the Site will be uninterrupted or error free or that the Site or sites to which they may link, will be free from incorrect information, loss, corruption, attack, interference, hacking or other security intrusion. You understand that we cannot and do not guarantee or warrant that files linked to or available for downloading from the internet or the Site will be free of viruses or other destructive code.

vi. The Site, its Services, Listings and any content provided 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, fitness for a particular purpose or intended purchase, and freedom from computer virus, is given with respect thereto or any hyperlinks to other internet resources.

vi. In respect of Cash Back transactions, including Buy Now transactions, neither Price Fighter nor any Payment Card Network or service provider provides any representation, warranty, or guarantee of any nature in respect of the content displayed in a Listing or for any communication between User and any Vendor or Vendor representative or for goods and services promoted or sold in connection with Price Fighter's platform; User enters into all transactions (if any) with Vendors and merchants strictly at User's own risk and shall take all relevant precautions. The products that User may purchase in connection with the Cash Back and Buy Now functions of the Site and the Services are neither sold nor endorsed by Price Fighter, Payment Card Networks or other service providers of Price Fighter, all of which have no responsibility for such products or for any loss or damage you may suffer from purchasing or using them.

Price Fighter, Payment Card Networks or other service providers of Price Fighter are not responsible or liable for typographical errors or omissions relating to pricing, imagery, or text, including for such errors in connection with projected or anticipated Cash Back amounts.

Price Fighter, Payment Card Networks or other service providers of Price Fighter are not responsible or liable for any loss or damage of any sort incurred as the result of dealings with Vendors and merchants or third party promotions or as the result of the presence of third-party advertisers on the Site or Services or in connection with Listings, links or otherwise promotions or links that have prompted User's use or the Site or Services. Use of the Site and Services and the content provided on Vendor websites and mobile applications linked through Listings is at User's own risk.

User shall in particular bear all risks and responsibilities in respect of sales transactions being faulty, late, rescinded or reversed and any returns, including in particular, without limitation, adherence to the relevant payment and reimbursement processes and procedures related thereto and as further referenced in these Terms.

vii. The disclaimer of warranties, limitation of liability and indemnification provisions shall apply to the fullest extent permitted by law. Knowledge or unauthorized expression of opinion by any Personnel of any fact or circumstance that could give rise to liability of Price Fighter, criminal, regulatory or otherwise and in all case subject to these Terms, shall only be attributable to Price Fighter, if such fact or circumstance has been expressly identified and expressly brought to the attention of an officer or director of Price Fighter in writing and Price Fighter has not acted in its reasonable discretion despite a sufficient and reasonable lapse or time taking through investigation and legal or other assessment into account.

14. Vendor Disputes; Governing Law and Jurisdiction

i. In case of a dispute between or amongst Users and Vendors and merchants or third parties in connection with, or arising out of, access or use of the Site or Services for the purpose of completing a sales transaction, User may in User's discretion seek a resolution of the dispute by the ordinary courts in the appropriate jurisdiction in accordance with User's transactional agreements with such party.

User agrees that Price Fighter or any service provider of Price Fighter shall in no case be a party to such dispute save only where Price Fighter in its sole discretion determines to join a legal action in which case Price Fighter may in its sole discretion determine the nature and terms on which it may join the legal action. Price Fighter shall in no case be an arbiter of any sort of such dispute and shall not have any obligation to participate in, assist or otherwise join a dispute between or amongst User and third parties or legal proceedings in connection therewith. In case Price Fighter in its sole discretion determines to participate in dispute resolution proceedings, the sole forum shall be the ordinary courts in Texas, Eastern District, United States, to the exclusion of all other courts, unless Price Fighter otherwise consents in writing.

User agrees and guarantees that User will not constitute or join legal proceedings, or otherwise claim liability, against Price Fighter or its affiliates in connection with any transactions between or amongst User and Vendor or other third parties resulting from the use of the Site or the Services including any Listing.

ii. If User accesses the Site and Services in the United States or is resident in the United States:

Any interpretation of, dispute, claim or controversy arising out of or in connection with these Terms or the use of the Site or Services shall be governed by and construed in accordance with the laws of Texas, Eastern District, United States, including competence and principles of conflicts of law. The headings used in this Agreement are for convenience only and shall not be considered in the interpretation or construction of this Agreement.

By using the Site or Services is site in any way, User unconditionally consents and agrees that any claim, dispute, or controversy (whether in contract, tort, or otherwise) User may claim, bring or assert against Price Fighter LLC and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "Price Fighter Entities") or any service provider of Price Fighter in connection with the Site or services, arising out of, relating to, or connected in any way with the Terms, the Site or its services, determination of the scope or applicability of this agreement to arbitrate, including any competence matters, will be resolved exclusively by final and binding arbitration conducted in accordance with the JAMS Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration shall exclusively be Chicago, Illinois. Each of the Parties shall bear its own cost of preparing and presenting its case. The arbitrator shall not have the power to award punitive damages against User or any Price Fighter entity. The costs of the arbitrator shall be shared equally between the Parties unless User is found to have acted fraudulently, tortious or interfered wilfully with the integrity or proper functioning of the Site or services. Judgment upon any award rendered by the arbitrator may be entered for enforcement in any court having jurisdiction thereof. With respect to any disputes or claims mandatorily not subject to arbitration, the Parties agree to submit to the exclusive jurisdiction of the courts in Texas, Eastern District, United States. Notwithstanding the above provisions, either Party has the right to obtain timely injunctive or otherwise interim relief from any courts having jurisdiction for such limited or interim relief. Price Fighter may continue with the operations of the Site and the Services the existence of the dispute notwithstanding.

iii. If User accesses the Site and Services in the United Kingdom or is resident in the United Kingdom:

Any interpretation of, dispute, claim or controversy arising out of or in connection with these Terms or the use of the Site or Services shall be governed by and construed in accordance with the laws of England and Wales, including competence and principles of conflicts of law. The headings used in this Agreement are for convenience only and shall not be considered in the interpretation or construction of this Agreement.

By using the Site or Services is site in any way, User unconditionally consents and agrees that: any claim, dispute, or controversy (whether in contract, tort, or otherwise) User may claim, bring or assert against Price Fighter LLC and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "Price Fighter Entities") or any service provider of Price Fighter arising out of, relating to, or connected in any way with the Site or the Services, determination of the scope or applicability of this agreement to arbitrate, including any competence matters, will be resolved exclusively by final and binding arbitration conducted in accordance with the rules of the London Court of International Arbitration before one arbitrator mutually agreed to by the Parties, and if the Parties are not able to reach agreement on the arbitrator within Fourteen (14) Business Days from first Party's proposal of an arbitrator to the second Party, then the arbitrator shall upon a request by either Party, be finally appointed by the Chairperson of the Chartered Institute of Arbitrators, London Branch at the time. The competence of the members of the arbitration tribunal shall be agreed within the context of the abovementioned rules. The arbitration will be held in London (United Kingdom) with the proceedings being in English. The award of the arbitrator shall be final and binding on the Parties. Each of the Parties shall bear its own cost of preparing and presenting its case and the costs of the arbitrator shall be shared equally between the Parties, in each case unless User is found to have acted fraudulently, tortious or interfered wilfully with the integrity or proper functioning of the Site or services. Notwithstanding the above provisions, either Party has the right to obtain timely injunctive relief from the courts. Price Fighter may continue with the operations of the Site and the Services the existence of the dispute notwithstanding. The arbitrator shall not have the power to award punitive damages against User or any Price Fighter Entity unless User is found to have acted fraudulently, tortious or interfered wilfully with the integrity or proper functioning of the Site or services.

iv. User may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim in connection with the Site, services or Terms. Claims may not be arbitrated or otherwise adjudicated on a class or representative basis. User and Price Fighter hereby waive any right to a jury trial of any claim.

v. DEPENDING ON THE RELEVANT JURISDICTION, THIS SECTION MAY LIMIT CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT USER OR PRICE FIGHTER WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

15. Miscellaneous

i. If any provision of these Terms is finally found to be invalid or unenforceable by competent courts, the remaining provisions of the Terms shall remain valid except that such provision shall be interpreted in a manner closest meeting the risk allocation originally intended and, only where such is not possible, be removed from the Terms.

ii. User may not transfer or assign any of the rights or obligations contained in these Terms as they pertain to User. Price Fighter may at any time assign or transfer all or part of the Site or services and Terms, including accounts connected thereto, to a third party without prior notice and without User's consent if Price Fighter in its sole discretion deems it desirable or necessary for its business.

iii. Any time allowed or indulgence or leeway given by Price Fighter in exercising any right, power or privilege in connection with these Terms shall not constitute a waiver hereunder, nor shall any single or partial exercise thereof preclude any further exercise of any right, power or privilege. Any cause of action or claim you may have arisen out of or relating to these Terms or the Site must be commenced within six months after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

iv. Nothing in these Terms shall be interpreted to create any agency, appointment, employment, joint venture, or franchise with any Vendor or any third party. User confirms and agrees that there are no third parties that have an interest in these Terms.

v. Price Fighter may at any time operate the Site or its services from any location its deems desirable or employ third party service providers located in, or third party content generated in, third countries in which case Price Fighter may transfer data (in accordance with Price Fighter's privacy policies and privacy statement and other relevant policies) or receive and store User, Site or service data and operate processes in such countries including customer and other services.

vi. If you have any questions about these Terms or matters in connection therewith or related to Site use or personal data protection, please contact us at legal@pricefighter.com.

vii. If User accesses the Site and services from outside the United States if User resides in the United States, or if User resides in the United Kingdom from outside the United Kingdom, from time to time, User shall carefully consult local laws and regulations to ensure the Terms and User actions meet required standards of compliance, customs and legality of access to the Site and services, content and nature of offers or links in connection with User's general use of the Site and conduct in connection with the Price Fighter platform. If User has any reservations, queries or cannot positively establish full compliance and legality User shall not access or otherwise use or continue to use the Site until User has sought appropriate legal advice. Solicitation, trade, handling or otherwise promotion of certain goods and products may be legal in the United States or in the United Kingdom, depending on User's residence, but not in User's current jurisdiction and vice versa. In no case can Price Fighter be held liable or responsible for conducting such review or for any damages, fines or penalties resulting in connection therewith and User shall hold Price Fighter harmless from any damages, loss or liability in connection with such activities as further provided for in the Terms.