Terms & Conditions at Cashbenzo.com
Welcome to www.Cashbenzo.com. The Cashback Service is operated by FourFriends Venture Private Limited ("we", "us","Company" or "Cashbenzo.com"). Please readthese terms of service ("Terms of Service" or "Agreement")carefully as they contain the legal terms and conditions that you agree to whenyou use the service provided by us through Cashbenzo.com ("Site").
Cashbenzo.com membership is available through registration process afteryou submit certain requested information with website. Before registration weask whether you agree to current Terms of Service?. If you don't agree to ourTerms of Service you will not be permitted to use the Cashbenzo.com services.
Please be aware that a member of Cashbenzo.com is not allowed to run anypaid ads on Google, Facebook or any other platform pointing to Cashbenzo.com.If the member does not comply with this then it would result in immediatetermination of his/her account.
3. Our Service:
Our Cashback Service allows users who register on the Site ("Members")and therefore create an account with us ("Account") to earncashback on tracked purchases from retailers on the Site ("Retailers").To qualify for cashback, the Retailer must confirm that the Member's purchaseis tracked, genuine and successful (constituting a "QualifyingTransaction"), and your resulting cashback must be received by us(becoming "Cashback" as a result).
In the event that the Retailers do no track a transaction using their affiliatetracking system, then commission on such sales might not be paid to Cashbenzo,and hence any due or expected cashback from these sales will also not, in turn,be paid to the Member.
Unique Referral Fee:
The Cashbenzo.com Service also provides a unique and ingenious referral fees toits Members where the Members get Rs. 150 referral bonus for each newMember introduced by them in the manner provided on the Site ("QualifyingReferral") as long as they remain a Member themselves. The referralbonus will reflect in the ‘pendingbalance’ once the referred friend becomes aMember and will be available to the Referring Member only when his referredMember earns Rs. 250in confirmed cashback. Please see Clause 5 below for details.
The Cashbenzo.com also allows its members to save coupons that theysee on this website or any custom coupons that they receive on emails, SMS orsee over the internet on their account with us to be used at a future date ortime.
4. Becoming a Member:
You must be at least 18 years of age to become a Member. Whileindividuals under the age of 18 may utilize the Service of the site, they shalldo so only with the involvement & guidance of their parents and / or legalguardians, under such Parent /Legal guardian's registered account.
Member may also choose to link your social network profile of Facebookand Google+ with Us and use that as the login credentials. Cashbenzo shall usethe same to retrieve certain details from them including name, birthday, gender,location, email ID and access Members’ friends’ list. However Cashbenzo shallnot post anything on Members’ behalf without their permission.
The membership of this Website is free of cost and this includes onlythe browsing of the Website. You hereby understand that this no charge policymay be amended at anytime at thediscretion of the Company.
You must register for the Cashback Service using accurate and currentinformation about yourself - including your correct name, address and any otherrequested details. If you are asked for, and provide, details of a bank accountor mobile wallet details into which you wish to receive payments (your "CashbackReceipt Method"), you (a) must ensure that you are, and remain, fullyentitled to use that Cashback Receipt Method, and (b) confirm that you wish toreceive cashback through that Cashback Receipt Method. You should keep thisinformation updated through your Account.
Note that your Cashback Receipt Method (such as NEFT or wallet) may have rulesabout the maximum or minimum payment that you can receive through that CashbackReceipt Method.
Important: You must ensure that the email address we hold for you is keptup-to-date and that you have full access to it - we will be sending youimportant messages there. If you change email address, then you must intimateus about same helping us to update records.
You are a restricted user of this Website.
· You are bound not to cut, copy, distribute, modify, recreate, reverseengineer, distribute, disseminate, post, publish or create derivative worksfrom, transfer, or sell any information or software obtained from the Website.With Our prior permission limited use may be allowed. For the removal of doubt,it is clarified that unlimited or wholesale reproduction, copying of thecontent for commercial or non-commercial purposes and unwarranted modificationof data and information within the content of the Website is not permitted.
· You agree not to access (or attempt to access) the Website and/or thematerials or Services by any means other than through the interface that isprovided by the website. The use of deep-link, robot, spider or other automaticdevice, program, algorithm or methodology, or any similar or equivalent manualprocess, to access, acquire, copy or monitor any portion of the Website orContent, or in any way reproduce or circumvent the navigational structure orpresentation of the Website, materials or any Content, to obtain or attempt toobtain any materials, documents or information through any means notspecifically made available through the Website is prohibited. You acknowledgeand agree that by accessing or using the Website or Services, You may beexposed to content from other users that You may consider offensive, indecentor otherwise objectionable. We disclaim all liabilities arising in relation tosuch offensive content on the Website. Further, You may report such offensivecontent by sending us an e-mail at firstname.lastname@example.org
· You may not transmit any chain letters or unsolicited commercial or junkemail to other Users via the Website. It shall be a violation of these Terms ofService to use any information obtained from the Website in order to harass,abuse, or harm another person, or in order to contact, advertise to, solicit,or sell to another person other than Us without Our prior explicit consent.While We shall not be held liable or answerable to Users for any such acts onYour part, violation of this clause would lead to potential criminal legalaction against You, either by other Users of the Website or by Us.
· We can (and You hereby expressly authorize Us to) disclose anyinformation about You to law enforcement or other government officials, as We,in Our sole discretion, believe necessary or appropriate in connection with theinvestigation and/or resolution of possible crimes, especially those that mayinvolve personal injury. You understand that We have the right at all times todisclose any information (including the identity of the persons providinginformation or materials on the Website) as necessary to satisfy any law,regulation or valid governmental request. This may include, without limitation,disclosure of the information in connection with investigation of allegedillegal activity or solicitation of illegal activity or in response to a lawfulcourt order or subpoena.
You agree that you shall not host,display, upload, modify, publish, transmit, update or share any information onthe Site, that
· belongs to another person and to which you do not have any right to;
· harm minors in any way;
· infringes any patent, trademark, copyright or other proprietary rights;
· violates any law for the time being in force;
· deceives or misleads the addressee about the origin of such messages orcommunicates any information which is grossly offensive or menacing in nature;
· impersonate another person;
· contains software viruses or any other computer code, files or programsdesigned to interrupt, destroy or limit the functionality of any computerresource;
· Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean orotherwise violate the legal rights of others;
· Engage in any activity that interferes with or disrupts access to the Websiteor the Services (or the servers and networks which are connected to theWebsite);
· Impersonate any person or entity, or falsely state or otherwisemisrepresent Your affiliation with a person or entity;
· Publish, post, disseminate, any information which is grossly harmful,harassing, blasphemous, defamatory, obscene, pornographic, paedophilic,libellous, invasive of another's privacy, hateful, or racially, ethnicallyobjectionable, disparaging, relating or encouraging money laundering orgambling, or otherwise unlawful in any manner whatever; or unlawfullythreatening or unlawfully harassing including but not limited to "indecentrepresentation of women" within the meaning of the Indecent Representationof Women (Prohibition) Act, 1986;
· Directly or indirectly, offer, attempt to offer, trade or attempt totrade in any item, the dealing of which is prohibited or restricted in anymanner under the provisions of any applicable law, rule, regulation orguideline for the time being in force.
· threatens the unity, integrity, defence, security or sovereignty ofIndia, friendly relations with foreign states, or public order or causesincitement to the commission of any cognisable offence or preventsinvestigation of any offence or is insulting any other nation.
5. Cashback and Referral Fees:
After a Member successfully completes a Qualifying Transaction, and oncewe have received the resulting Cashback for that Qualifying Transaction frommerchant, we credit the related cashback to the members’ available balancewhich they are entitled to withdraw based to their Cashback Receipt Methodprovided that the minimum thresholds to withdraw are reached.
Please note that there are various circumstances in which a transaction with aRetailer may not constitute a Qualifying Transaction, or Cashback may notresult from it. This is also true for a Qualifying Referral. The Member understandsthat all transactions made by him/her are not with us, but with the individualRetailer. Our help pages provide further informationabout these circumstances. Further, from time to time Retailers may increase ordecrease the commission paid – in which case the cashback offer illustrated onour Site may be incorrect. By default, your applicable transactions will becredited in line with the commission reported to us by the Retailer, which maybe more or less than the advertised rate. We shall not be liable for anydifference in the expected cashback by the Member and the actual Cashbackreceived by the Member.
When we have traced a paying, Qualifying Transaction to your Account, we willcredit your Account with a 'pending payment'. Once the Retailer confirms thetransaction, the payment will be marked as 'validated' – this can take 90 daysor more from the date of the purchase. If the goods are returned or the salereversed or amended by any means then the cashback payment will not be made.Further, in the event that the Retailer feels that the purchase is not genuinefor any reason whatsoever and we do not receive any Cashback for thetransaction, the Member will not receive any Cashback.
Whether a transaction shall qualify as a Qualifying for cashback Transaction(including bonus through a Qualifying Referral) shall be at the sole discretionof the Retailer or us and the Member understands and agrees to the same. Weshall not be held responsible if the Retailer fails to report a sale to us ordoes not qualify a transaction as Qualifying Transaction. Further, we shall notbe responsible in the event due to some technical or other error we cannottrace a sale back to the Member and does not qualify the transaction as aQualifying Transaction or a Qualifying Referral for any reason whatsoever.Whilst we will endeavour to recuperate non-payments from the Retailer, thedecision of ourselves, the Retailer or Retailer's tracking agent is final.Whilst we will try and recuperate missing commissions, at any point we reservethe right not to chase missing commission claims, particularly where nopurchase has been made.
When a Member sends us an enquiry on missing cashback, our system would checkif the user had an exit click from our site for that store on the datementioned by the user. If no exit clicks can be tracked then we will show amessage to the Member indicating that they did not click via our website toearn cashback prior to the sale. All exit clicks to stores are saved in thedatabase for cross reference on adding cashback values. Where a commissionenquiry has been successfully paid by a Retailer, you may receive a loweramount than expected; this is due to the amounts received by ourselves possiblybeing lower than the original claim. We do allow you to query this with us. Ifa Retailer still hasn't paid a manual commission claim after a period of sixmonths then we reserve the right to close the enquiry claim. All payment forMissing Cashback is only applicable in instances where the Retailer pays theCompany.
We reserve the right to reclaim or make balance adjustments accordingly whereit has been established that any credit has been applied in error. This willinclude but is not limited to transactions where the credit is not genuinelydue or payment for any credited transaction has not been received from aRetailer or its agencies and/or misuse or fraud. This can include transactionswhich are already marked as payable or validated in your Account, or fortransactions which have already been paid over to you by [NEFT or wallet] orany other means.
There are various circumstances in which Cashback will not be payable to theMember, and will be forfeited to us, these could be, without limitation:
a. where the cashback payment that we receive is not attributed to aQualifying Transaction or associated with an Account (such as where the Memberis not logged-in to the our site when making the relevant purchase)
b. the transaction to which the Cashback relates is cancelled after it hasbeen entered into (whether under the right of cancellation that applies to somesales made at a distance, or otherwise) the Cashback is attributed to a Memberor Account that has been:
i. suspended by us under Clause 9 of this Agreement or for any otherreason;
ii. associated with any fraudulent activity or any breach of this Agreement;
Our help pages provide further informationabout these circumstances.
The user is solely responsible for managing the coupons saved on theiraccount. They will be able to add, delete, share any of the coupons saved. Forthe coupons saved from the website, an alert will be available to the memberabout their expiry while for the custom coupons saved, the member will have tothemselves track their expiry and remove them from their account.
6. Your Account:
You can withdraw your validated cashback when you have at least Rs 250in your Account. In the event the Member decides to close the Account with usor the Member's Account is closed for any reason whatsoever, before reachingthe initial Rs 250 limit, there will be a small transaction fee to withdraw thecashback. We have the discretion to forfeit any such validated balance showingon your Account for the reasons provided elsewhere in this Agreement.
7. Intellectual Property:
You acknowledgethat all copyright, trademarks, and other intellectual property rights in andrelating to the Site (including the material which is contributed by Members orRetailers) are owned by, or licensed to, us. It is easy to copy material whichappears on web-sites, but this does not mean it is legal. Therefore, no-one maycopy, distribute, show in public or create any derivative work from the Site,or any of the material which is found on the Site unless properly licensed todo so by us.
By uploading or including any material on the Site, a Member expressly grants:
a. to us a non-exclusive license (including the right to grantsub-licenses) to use, reproduce and distribute that material through ourCashback Service and any other interactive services through which we or oursub-licensee make the Cashback Service (or a service based on our service)available; and
b. to other Members (through us, under the license referred to in a.above), the non-exclusive, personal, non-transferable right to view therelevant material.
9. Our Role:
We are not a party to any transactions with Retailers, and are not theseller or supplier of any of the goods or services that they make available.Thus we do not have any of the legal obligations that apply to the sellers ofthose goods or services.
Accordingly, we have no control over or responsibility for:
a. the quality, safety, or legality of those goods or services availablefrom Retailers; or
b. whether the Retailer can or will supply and pass good title to any goodsor services.
Members should exercise no lesser degree of caution in entering intotransactions with Retailers than they would when entering into a similartransaction offline. To the extent that the Applicable Law permits, you releaseus, our agents and employees from all liability arising out of or in connectionwith any transactions with Retailers, including (without limitation) all claimsand demands relating to uncompleted or completed transactions with Retailers,or goods or services offered for sale or supply, or actually sold or supplied,through or in connection with any transactions with Retailers.
We reserve the right to suspend or terminate any Members access to ourservice, or parts of it, if in our reasonable view the relevant Member orAccount appears to be in breach of any provision of this Agreement.
Members must not enter into, or attempt to enter into, any transaction with aRetailer or to gain Cashback (a) by providing personal information of someoneelse, or a payment method which they are not entitled to use, (b) bydeceptively or unfairly exploiting a Retailers offering including but notlimited to creating fake or unauthorized referral links, or (c) in breach ofany terms and conditions applied by us or the Retailer to that transaction. Wereserve the right to forfeit any pending payments or validated payments in theMember's Account in case of such misuse of our service by the Member.
It is each Member's obligation to ensure that any material posted by him/her orassociated with his/her Account:
a. is not defamatory, offensive, or abusive or of an obscene, indecent ormenacing nature;
b. is not intended or likely to cause needless annoyance, inconvenience ordistress to any person;
c. does not contain any computer virus, macro virus, Trojan horse, worm, oranything else designed to interfere with, interrupt, or disrupt the normaloperating procedures of a computer or to surreptitiously intercept, accesswithout authority, or expropriate any system, data or personal information;
d. does not contravene the Applicable Law or regulation (including, but notlimited to, laws governing consumer protection, distance selling, unfaircompetition, anti-discrimination, false advertising, copyright, trademark andprivacy);
e. does not breach the rights of any person or entity (including any rightsor expectations of privacy);
f. where it constitutes feedback on a Retailer, is accurate and fair; and
g. does not advertise any goods or services.
If you see or experience anything on our Site that appears to infringe any ofthe above requirements, we would like you to inform us by using our contactform.
Each Member acknowledges that we are entitled, but not obliged, to withdraw anymaterial, which appears - based on information received from third parties orother Members - to be in breach of this Agreement.
11. Contact from third parties:
If anyone contacts us in relation to material or transactions associatedwith you or your Account, then you agree:
a. to provide all reasonable information and assistance we may require inconnection with responding to that contact; and
b. to respond promptly and accurately to it, should we pass the message toyou for a response.
12. Additional services:
We or our partners may offer new or additional services through the Sitefrom time to time. Your use of those services may be subject to additionalterms and conditions, which you must comply with. Provided that those terms arenotified to you on the Site in an appropriate manner (as determined by us inour reasonable discretion) when you agree to take those services, any failureby you to comply with a material provision of the terms governing thoseservices will amount to a breach of this Agreement.
13. Operation of our Cashback Service:
We reserve the right to withdraw, modify or suspend aspects of theCashback Service, or the entirety of it, where we have legal, security,technical or commercial reasons to do so. We will endeavor to give you 30 daysadvance notice before taking such action, except where it is necessary to takeearlier action for security reasons or because of technical difficulties whichwould otherwise adversely affect the our service. There may also be times whenthe Cashback Service becomes inaccessible as a result of technical difficultiesexperienced by us or on the Internet; we will, however, use reasonable skilland care to overcome these difficulties where they are within our control.Please note, however, that we cannot guarantee continuous access to the CashbackService or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of plannedunavailability, which you will be informed of when you access the CashbackService at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or otherinformation which facilitates access to the Cashback Service; however, we willnever ask you for your password via email, telephone, or any other means otherthan through the Site. You are solely responsible for maintaining theconfidentiality of your password and any additional identifying information.
14. Disclaimer and Limitation of Liability:
The content and material from or through the site are provided"as-is," "as available," with "all faults", andall warranties, express or implied, are disclaimed (including but not limitedto the disclaimer of any implied warranties of merchantability,non-infringement, freedom from error, and fitness for a particular purpose).The information and services may contain bugs, errors, problems or otherlimitations. We and our affiliated parties have no liability whatsoever foryour use of any information or service, except as provided in sub-section13(d). In particular, but not as a limitation thereof, we and our affiliatedparties are not liable for any indirect, special, incidental or consequentialdamages (including damages for loss of business, loss of profits, savings,litigation, or the like), whether based on breach of contract, breach ofwarranty, tort (including negligence), product liability or otherwise, even ifadvised of the possibility of such damages. The negation and limitation ofdamages set forth above are fundamental elements of the basis of the agreementbetween us and you. This site and the products, services, documents, contentand materials and information presented would not be provided without suchlimitations. No advice or information, whether oral or written, obtained by youfrom us through the site or otherwise shall create any warranty, representationor guarantee not expressly stated in this agreement. All responsibility orliability for any damages caused by viruses contained within the electronicfile containing a form or document is disclaimed.
a. We warrant that the Cashback Service will be provided with reasonablecare and skill with the intention of meeting our specifications for theCashback Service, but we cannot and do not guarantee that the Cashback Servicewill meet your requirements.
b. We shall be liable as expressly provided in this Agreement, but shallhave no other obligation, duty or liability whatsoever in contract, tort(including negligence, breach of statutory duty and any other tort) orotherwise.
c. Nothing in this Agreement shall exclude or restrict our liability fordeath or personal injury resulting from our negligence.
d. Limitation of Liability: Subjectalways to sub-Clause e. below, we shall be liable for direct loss or damageonly, whether in contract, tort (including negligence, breach of statutory dutyor other tort) or otherwise, and whether caused by its act or omission or thatof its employees, agents or subcontractors. The aggregate liability of ourCompany and the affiliated parties in connection with any claim arising out of orrelating to the site and/or the products, information, documents and servicesprovided herein or hereby shall not exceed Rs.2000/- and that amount shall bein lieu of all other remedies which you may have against us and any affiliatedparty to us.
e. We will not be liable to you or anyone else, whether in contract, tort(including negligence, breach of statutory duty or other tort) or otherwise
i. (A) for any loss of revenue, business, anticipated savings or profits;(B)any errors in or omissions from the Site or any services or productsobtainable therefrom; (C) the unavailability or interruption of the Site or anyfeatures thereof; (D) your use of the Site; (E) the content and materialscontained on the Site; (F) or any delay or failure in performance beyond ourcontrol or any of our affiliated parties.
ii. for any indirect, special or consequential loss damage, costs or otherclaims, howsoever caused or arising, whether through non-supply or late supplyof the Cashback Service or other non-performance of this Agreement orotherwise.
iii. Except as expressly stated elsewhere in this Agreement, allrepresentations, warranties, conditions and other terms, whether express orimplied (by common law, statute, collaterally or otherwise) are herebyexcluded, except in the case of fraud, or where such exclusion is not permittedby Applicable Law.
iv. For the avoidance of doubt, we will not have liability to you or anyother person in respect of material contributed by Members, transactions (ornon-transactions) with Retailers, or any activity or communication relating tosuch material or transactions.
Before placing an order you are advised to check the Coupon descriptioncarefully. By placing an order for a Coupon you agree to be bound by theconditions of sale included in the Deal’s description.
The provisions of this Clause 13 shall survive the termination or expiryof this Agreement.
15. Third Party Content:
Third party content and materials may appear on the Site or may beaccessible via hyperlinks from the Site. We are not responsible for and assumeno liability whatsoever for any mistakes, misstatements of law, defamation,omissions, falsehood, obscenity, pornography or profanity in the statements,opinions, representations or any other form of content and materials appearingon the Site or accessible via hyperlinks from the Site.
You hereby expressly agree to receive communications by way of calls/SMS,e-mails from Cashbenzo.com relating to Services provided through the Website.
You agree to indemnify us against all liabilities, claims and expensesthat may arise out of or in connection with (a) any breach of this Agreement byyou or through your Account, or (b) any transaction with a Retailer.
We reserve the right to assign this Agreement, and to assign orsubcontract any or all of our rights and obligations under this Agreement, butwill not do so in such a way as to reduce any guarantees you are given underthis Agreement. You may not without our written consent assign or dispose ofthis Agreement, nor subcontract any of your rights and obligations under it.
19. Entire Agreement:
This Agreement is intended to contain your entire agreement with usrelating to the Cashback Service; we believe it to be fair and reasonable. Itreplaces all earlier agreements and understandings with you relating to theCashback Service, except for any fraud or fraudulent representation by eitherof us.
20. Changes to this Agreement:
We reserve the right to change this Agreement from time to time, andpost the new version on the Cashback Service. When we do so, we will post thenew version of the Agreement on the Cashback Service, and the new version ofthese terms and conditions will take effect, and will govern the Cashback Serviceand your relationship with us:
a. commencing no less than thirty days after the date of posting (or suchlater date as we indicate in the relevant posting), if any of the changes is toan operative provision of this Agreement which is capable of adverselyaffecting you; if you do not wish to be governed by the new version of theAgreement, you may notify us on or before the date when the new version of theAgreement is to take effect, and from that date you must cease to use ourservice; or
b. immediately upon the date of posting (or such later date as we indicatein the relevant posting), if the changes are not to operative provisions, ornot capable of adversely affecting you - examples of which would include,without limitation, changes to contact details referred to, or the refinementof provisions that are already included, in this Agreement.
In the event that any term of this Agreement is held to be invalid orunenforceable, the remainder of this Agreement shall remain valid and enforceable.You and us are independent contractors, and no agency, partnership, jointventure or employee-employer relationship is intended or created by thisAgreement. Our failure to act with respect to a breach by you or others doesnot waive our right to act with respect to subsequent or similar breaches.
22. Governing Law:
This Agreement, and our relationship with you and each Member, isgoverned by the laws of India ("Applicable Law"). You and we eachsubmit to the non-exclusive jurisdiction of the Delhi courts in relation todisputes arising in connection with this Agreement.
23. Keeping this Agreement:
We don't separately file the individual Agreements entered into byMembers when they register for the Cashback Service. You can access it at www.Cashbenzo.com. Please make a durable copy of this Agreementby printing and/or saving a downloaded copy on your own computer. It is offeredin English only.
You can reach us on 'care@Cashbenzo.com'.