Pomelo Promotional Cashback Terms and Conditions

Version 1.0

Last updated 11/8/22

These Terms and Conditions (“Terms”) set forth the terms pursuant to which Pomelo International, Inc. (“Pomelo”), a Delaware corporation with registered offices at 720 York St, Ste 116, San Francisco, CA 94110, will offer the Promotion (as defined below) to certain users of Pomelo’s cards and related services (“Services”). These Terms are in addition to any other agreement entered into between you and Pomelo (or Coastal Community Bank, member FDIC, or MasterCard) for use of the Services. If there is a conflict between these Terms and any other agreement entered into between you and Pomelo (or Coastal Community Bank, member FDIC, or Mastercard) for the Services, these Terms will govern with respect to the Promotion.

Promotion Period

The Promotion begins at 12:00 am Pacific Standard Time (“PST”) on November 17, 2022 and ends when terminated by Pomelo (“Promotion Period”) in its sole discretion. Pomelo may suspend, modify, or terminate the Promotion at any time in its sole discretion; if it does suspend, modify or terminate the Promotion, Pomelo will let you know by posting a notice on the Services web/mobile interface and/or other forms of communication.

Eligibility

In order to be eligible to participate in the Promotion, you must:

  1. be at least 18 years old (if located in the US) or at least 13 years old (if located in the Philippines)

  2. be a legal resident of 1 of the 50 United States, including Washington, DC, or a legal resident of the Philippines

  3. be a new Pomelo customer that becomes a registered and approved Pomelo member with only a single Pomelo account, on or after the start date of the Promotion, having successfully passed all the identification requirements required by Pomelo;

  4. request the issuance of one or more Pomelo cards for a Philippines-based user(s) during the Promotion Period (each such card, a “New Pomelo Card”, the Pomelo cards are issued by Coastal Community Bank, member FDIC, pursuant to license by Mastercard International); and

  5. agree to be bound by these Terms. If you do not want to be bound by these Terms, do not participate in the Promotion.

  6. not have been a participant or be a part of an Account Group (as defined below) that has been a participant in this or any other promotion by Pomelo.

If you meet all of the conditions above, you are a “Participant.” Each Participant is part of a single “Account Group” collectively comprised of an “Account Holder” and associated Non-responsible Authorized Users, as defined in the Cardholder Agreement.

For the avoidance of doubt, the Promotion does not apply to Pomelo cards issued before the Promotion Period.

Promotion

During the Promotion Period, Pomelo will offer 3% (“Cashback Rate”) of the settled transaction amount as a credit for Eligible Transactions (as defined below) (the “Promotion”).

“Eligible Transactions” must be all of the following:

  1. Settled Philippine Peso-denominated transactions using a New Pomelo Card at Philippines-based businesses. The business can be a retail storefront located in the Philippines or an e-commerce storefront with operations based in the Philippines; and

  2. The Promotion applies only to the first $500 spent per Account Group per month using your New Pomelo Card(s) within the first 12 months of account opening, after acceptance of these Terms.

Each Eligible Transaction will appear on Participant’s card statement based on the prevailing Mastercard conversion rates, and Pomelo will automatically apply a credit to the card statement in the US dollar amount equal to the Cashback Rate multiplied by the Eligible Transaction amount. In the event that an Eligible Transaction is reversed, related Promotion credits will also be reversed.

If Pomelo modifies the Promotional Rate at any time during the Promotion Period pursuant to the section entitled “Promotion Period” above, Pomelo will honor the Promotional Rate set forth herein for Eligible Transactions made up until the modification date.

Disclaimer, Release, and Limit of Liability

POMELO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PROMOTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER POMELO NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PROMOTION WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROMOTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR POMELO OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BY ENTERING THE PROMOTION, EACH PARTICIPANT AGREES TO RELEASE AND HOLD HARMLESS POMELO AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TOOR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE PROMOTION. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (1) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY PARTICIPANTS, PRINTING ERRORS, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE PROMOTION; (2) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (3) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE PROMOTION; (4) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTION; OR (5) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM A PARTICIPANT’S PARTICIPATION IN THE PROMOTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL POMELO’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROMOTION, EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Privacy Policies

Please review the Pomelo Privacy Policy and the Coastal Community Bank Privacy Policy for information about how Pomelo collects, use and share personal information collected from you in connection with the Promotion.

Governing Law and Claims Resolution

The provisions of the Pomelo Account Holder Agreement regarding “Governing Law” and “Claims Resolution” will apply to these Terms.

General Terms.

If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Pomelo’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null and void in its entirety. Pomelo may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and any permitted assigns. Pomelo’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pomelo. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information.

If you have any questions about these Terms or the Promotion, please contact Pomelo at support@pomelo.com.