Terms & Conditions - Cashdost

We are thankful to you for visiting www.cashdost.com. By using the various services provided by cashdost, you agree to the terms and guidelines provided to you for the use of our services. Please read the terms and condition carefully before using the services provided by us on our website and app as it contains legal terms and conditions that you agree with. We can anytime change the terms and condition and the same will be notified to the users by the registered email id or a pop up on the website, therefore will request the users to keep themselves updated with the new version.

1.Introduction

We at cashdost come with the motive of extra savings for the customer by providing them the best shopping experience and giving them the best offers and deals in the industry. These discount vouchers are set by the merchants themselves for promotional purpose and can be availed by any users. The vouchers used on our website come with a time frame and expire after a specified period. Hence it becomes necessary for you to follow us regularly inorder to have the best deals and a great saving. The sole aim behind these voucher codes is to have brand awareness for the merchant and to generate sales for them during a specific time frame.

2.Registration

our benefits are available through registration process after you submit certain requested information to Cashdost. A user must read and click on the checkbox to accept the prevailing Terms and Conditions which the User needs to adhere to while availing our services. Please be aware that a member of Cashdost is not allowed to run any paid ads on Google, Facebook or any other platform pointing to Cashdost. If the member does not comply with this then it would result in immediate termination of his/her account.

3.Our Service

Our Service allows users who register on the Platform and therefore create an account with us to earn extra discount by making purchases from the retailers listed on Our Platform. To qualify for the discount benefits, the Retailer must confirm that the Member’s purchase is tracked, genuine and successful (constituting a “Qualifying Transaction”). A transaction is termed to be a qualified transaction where, the user is redirected by Cashdost to the Retailer’s platform /Website making a valid and subsisting purchase after which the Product/service is duly delivered, and the refund/return period has also expired. In the event when the Retailers are not able to track a transaction using their affiliate tracking system,in such sales the benefit is not paid to Cashdost and hence any due or expected benefit from these sales will also not be paid to the Member.

4. Becoming a User

If You are a natural person

  1. As in a condition to use of the Platform, You must be 18 (eighteen) years of age or older;
  2. by visiting the Platform or accepting these Terms and Conditions, You represent and warrant to Cashdost that you are 18 (eighteen) years of age or older, and that you have the right, authority and capacity to use the Platform and agree to and abide by these Terms and Condition provided however that if you are a parent or legal guardian of a person younger than 18 (eighteen) years of age, You are permitted to access and use the Platform for the purposes of procuring the Services, on behalf of such persons. You must register for the Cashdost Service using accurate and current information about yourself – including your correct name, address and any other requested details. Generation and collection of ‘Sensitive Personal Data or Information’ is in accordance with Information Technology Act, 2000 as amended from time to time and allied rules requires the User’s express consent. By clicking on the “I agree with Terms and Policy” button at the time of registration, the User provides affirming assent to such information generation and collection as required under applicable laws Important: You must ensure that the email address and mobile number we hold for you is kept up-to-date and that you have full access to it – We will be sending you important updates via text messages & Emails , App Notifications and in some cases via WhatsApp. If you change your email address or mobile number, then you must change the details we hold for you on your Account.

5. Intellectual Property

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Platform (including the material which is contributed by Members or Retailers) are owned by, or licensed to, Us. Copying material from our portal may seem easy but is illegal and strict actions would be taken against the User/visitor under applicable laws. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Platform, or any of the material which is found on the Platform unless properly licensed to do so by Us.

By uploading or including any material on the Platform, a User expressly grants:

  1. To Us a non-exclusive license (including the right to grant sub-licenses) to use, reproduce and distribute that material through our Cashback/Reward Service and any other interactive services through which we or our sub-licensee make the Cashback/Reward Service (or a service based on our service) available
  2. To other User (through us, under the license referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material

b. to other User (through us, under the license referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material.

6. Privacy Policy:

Our Privacy Policy forms part of this Agreement, and by entering into this Agreement you also give your consent to the way we handle your personal data under that policy. Given the global nature of the World Wide Web, please note that a posting on the Platform may be accessible to internet users around the world.

7. Our Role as Cashdost Platform:

We are not a party to any transactions with Retailers, and are not the seller 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 of those goods or services.

Accordingly, we have no control over or responsibility for:

  1. the quality, safety, or legality of those goods or services available from Retailers
  2. whether the Retailer can or will supply and pass good title to any goods or services

User should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction offline. To the extent that the Applicable Law permits, you release Us, Our Agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and 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.

8. Misuse by User:

We reserve the right to suspend or terminate any user access to our service, or parts of it, if in our reasonable view the said User or Account appears to be in breach of any provision of this Agreement. User must not enter into, or attempt to enter into, any transaction with a Retailer or to gain Rewards (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Retailers’ offering including but not limited to creating fake or unauthorized referral links, or (c) in breach of any terms and conditions applied by Us or the Retailer to that transaction. We reserve the right to forfeit any pending payments or validated payments from the User’s Account in case of such misuse of our service by the User.

It is each Users obligation to ensure that any material posted by him/her or associated with his/her Account:

  1. Is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature
  2. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
  3. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
  4. does not contravene the Applicable Law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, information technology, copyright, trademark and privacy);
  5. does not breach the rights of any person or entity (including any rights or expectations of privacy);
  6. must be accurate and fair in relation to the feedbacks of Retailers
  7. does not advertise any goods or services.

Notwithstanding anything contained elsewhere in this Agreement and the Privacy Policy, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Account, email addresses, usage history, posted materials, IP addresses and traffic information. Any User, who in the sole discretion of the Retailer or Us, has committed any kind of fraud or has misused Our Platform or our Reward Service their Account will be closed with immediate effect and the, registered, Email and IP address will also be blacklisted thereby discontinuing the User to use or register with the same credentials or IP address in the near future. If You see or experience anything on Our Platform that appears to infringe any of the above requirements, we would like You to inform Us by using Our contact form.
Each User acknowledges that we are entitled, but not obliged, to withdraw any material, which appears – based on information received from third parties or other Users – to be in breach of this Agreement.

9. Contact from third parties

If anyone contacts Us in relation to material or transactions associated with You or your Account, then you agree:

  1. To provide all reasonable information and assistance as required by Us,in connection with responding to that contact;
  2. To respond promptly and accurately to it, should We pass the message to You for a response

10. Additional services:

We or Our partners may offer new or additional services through this Platform from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Platform in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.

11. Operation of our Service:

We reserve the right to withdraw, modify or suspend aspects of the Reward 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 (Thirty) days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect our service. There may also be times when our Service becomes inaccessible as a result of technical difficulties experienced by Us or on the Internet; We will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to Our Services or any of the content that appears on it. Nevertheless, we shall inform the Users about service unavailability, system maintenance or server down on our Portal and shall keep such situations to arise to the bare minimum.
Nevertheless, we shall strive to ensure that any periods or situations such as service unavailability, system maintenance or server down would be pre-informed to the Member and shall strive to keep such situations to arise to the minimum in order to avoid the Members coming across any hurdles while availing Our services.
For security or other reasons, we may require you to change or update password or other information which facilitates access to the Reward Service; however, we will never ask you for Your password via email, telephone, or any other means other than through the Platform. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information

12.Limitation of Liability

Liability:

  1. We warrant that the Reward Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Reward Service, but we cannot and do not guarantee that the Reward Service will meet your requirements
  2. We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
  3. Limitation of Liability: Subject always to sub-Clause d. below, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. The aggregate liability of Cashdost and the affiliated parties in connection with any claim arising out of or relating to the Platform and/or the products, information, documents and services provided herein or hereby shall not exceed Rs 500 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party to us.
  4. 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
    1. (A) for any loss of revenue, business, anticipated savings or profits; (B)any errors in or omissions from the Platform or any services or products obtainable therefrom; (C) the unavailability or interruption of the Platform or any features thereof; (D) your use of the Platform; (E) the content and materials contained on the Platform; (F) or any delay or failure in performance beyond our control or any of our affiliated parties.
    2. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Cashback Service or other non-performance of this Agreement or otherwise.
    3. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by Applicable Law.
    4. For the avoidance of doubt, we will not have liability to you or any other person in respect of material contributed by Members, transactions (or non-transactions) with Retailers, or any activity or communication relating to such material or transactions.
The provisions of this Clause 14 shall survive the termination or expiry of this Agreement.

13. Third Party Content:

Third party content and materials may appear on the Platform or may be accessible via hyperlinks from the Platform. We are not responsible for and assume no 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 appearing on the Platform or accessible via hyperlinks from the Platform.

14. Way of Communications:

You hereby expressly agree to receive communications from time to time from Cashdost, its affiliates, partners and third parties, regarding the Service rendered, important updates, feedbacks & surveys, marketing or any other relevant messages by way of SMS, e-mails, calls (automated/ agent generated), WhatsApp notifications, mobile application and browser notifications or any other medium. You agree and consent to receive communications relating to all of the above and expressly waive any registration or preference made under DND/NCPR list under the applicable TRAI regulations.

15. Indemnity:

You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by You or through Your Account, or (b) any transaction with a Retailer..

16. Assignment

We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without our written consent assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.

17. Entire Agreement

This Agreement is intended to contain your entire agreement with us relating to the Cashback/Reward Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Cashback/Reward Service, except for any fraud or fraudulent representation by either of us.

18. Amendment in the Agreement:

We reserve the right to change this Agreement from time to time, and post the new version on the Cashback/Reward Service. When we do so, we will post the new version of the Agreement on the Cashback/Reward Service, and the new version of these terms and conditions will take effect, and will govern the Cashback/Reward Service and your relationship with us:

  1. Commencing no less than 3 (three) days after the date of posting (or such later date as We indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting You; if You do not wish to be governed by the new version of the Agreement, You may notify Us on or before the date when the new version of the Agreement is to take effect, and from that date You must cease to use Our service
  2. immediately upon the date of posting (or such later date as We indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting You – examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.

19. Severability:

In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and Cashdost are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.

20. Governing Law:

This Agreement, and our relationship with you and each Member, is governed as per the Indian Laws. You and we each submit to the non-exclusive jurisdiction of the Indian courts in relation to disputes arising in connection with this Agreement.

21. Agreement Copy:

We don’t separately file the individual Agreements entered into by Members when they register for the Cashback Service. You can access it at www.cashdost.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.