INTERPRETATION: - Any use of the above terminology or other words in the singular, plural, capitalisation and/ or he/ she or they, are taken as interchangeable and therefore as referring to the same.
EMAIL ADDRESS AND PASSWORD: - Your Email Address will identify your account and thereby all of your transactions and account related activity on RupeeRebate.com. Each user has to use his/ her unique email id which cannot be edited once entered. On the alternate, a user can register on RupeeRebate.com using their Facebook or Google+ account and use the same as their log-in credential. You agree that on using Facebook/Google+ as your log-in credential RupeeRebate.com will get access to certain details such as name, birth date, gender, location, email id, friend’s list/contacts, etc. This however does not mean that RupeeRebate.com will post anything on Your behalf without having permission. We encourage you to choose a strong password to protect your account. We recommend the use of upper and lower-case letters, inclusion of one or more numerical digits and/or inclusion of special characters, e.g. @, #, $ etc. It is advised that you should not share your password with anyone or write it down. You understand and agree that password and other information with respect to your RupeeRebate account are confidential information. You undertake to notify RupeeRebate.com of any unauthorised use of your Account. It is recommended to continuously change the password periodically (recommended every 15 days). You agree that RupeeRebate shall not be responsible if you share your password and other confidential information about your RupeeRebate.com account with any person or fail to abide by the advice given in this clause. RupeeRebate.com shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement. RupeeRebate.com never, under any circumstances, asks for your account password.
GETTING A MEMBERSHIP ACCOUNT: - Anyone incapable to contract under the provisions of Indian Contract Act, 1872 must not become a Member of RupeeRebate.com. You must be at least 18 years of age to obtain an account on RupeeRebate.com. For Members under 18 years, must obtain consent of a parent or guardian and must use RupeeRebate.com under their guidance or supervision. By using this Cashback service, you represent and warrant that You meet the aforementioned requirements. You may have no more than one account on our site. Any duplication/cloning of a RupeeRebate account will be subject to cancellation and necessary legal action, if required by RupeeRebate and in no case any amount will be refunded to any Customer for any reason whatsoever. Such a RupeeRebate account is not subject to redemption or renewal. You must register for our Services using accurate and current information about Yourself may it be Your correct name, address or any other requested details. You must also provide details of Your bank account or any other payment mode in which You wish to receive payments. To avail cashback in your bank account, You must ensure that the Bank Account is in India. You must also ensure that the Redemption of Cashback or Rewards through Mobile Recharge is only possible for Indian numbers. In the event the Member avails to redeem Cashback, rules of payment method such as NEFT may with regards to the maximum or minimum payment that You can receive through that method will prevail. As the email address we have in Your User Account is your unique id on RupeeRebate, it is to be ensured that that You have full access to it as we will be sending important transaction linked messages there.
VERIFIED MEMBERSHIP: - By submitting your registration form (Sign up Form), you agree to accept the Terms and Conditions of our Service. You will be sent a verification mail to the email id registered with us. An account is only considered as a valid and active membership only when the email id has been verified. You cannot withdraw payments until an account has been verified and validated.
NON-TRANSFERABILITY: - You are not allowed to share your account with any other individual. Nor are you allowed to transfer accounts to someone else. Your membership will terminate immediately in the event of your death. Service accounts are not transferable upon death or otherwise by operation of law. All balance in the said account on that particular date will transfer in the name of nominee (if any) on showing valid documentation.
EARNING CASHBACK/ REWARDS: - After You successfully complete a Qualifying Transaction, and once we have received the resulting Cashback for that Qualifying Transaction, we pass the Cashback to You through Your Preferred Cashback Receipt Method. There are various circumstances in which a transaction with an Affiliate Merchant may not constitute a Qualifying Transaction, or Cashback may not result from it. You understand that all transactions made by You are not with us, but with the individual Affiliate Merchant. Our FAQ’s provide detailed insight of the cashback process. Some of the criteria are as follows:
ELIGIBILITY CRITERIA TO MAKE A QUALIFYING PURCHASE:
CRITERIA FOR A TRANSACTION NOT BEING TERMED AS A QUALIFYING PURCHASE: -
You agree that from time to time Affiliate Merchant’s may increase or decrease the Cashback/ Rewards – in which case the Cashback/ Rewards offer illustrated on our Site may be incorrect. You agree that by default, your applicable transactions will be credited in line with the Cashback/ Rewards reported to us by the Affiliate Merchant, which may be more or less than the advertised rate. We shall not be liable for any difference in the expected Cashback/ Rewards by You and the actual Cashback/ Rewards received by You. If the goods are returned or the sale reversed or amended by any means, then the Cashback/ Rewards will not be given. Further, in the event that the Affiliate Merchant feels that the purchase is not genuine for any reason whatsoever and we do not receive any commission for the transaction, then You will not receive any Cashback/ Rewards for the same. Whether a transaction shall qualify as a Qualifying Transaction shall be at the sole discretion of the Affiliate Merchant and You understand and agree to the same. We shall not be held responsible if the Affiliate Merchant fails to report a sale to us or does not qualify a transaction as a Qualifying Transaction. Further, in the event that due to some technical or other error we cannot trace a sale back to You then we are not responsible if the transaction does not qualify as a Qualifying Transaction or a Qualifying Referral for any reason whatsoever. Whilst on Your request, we will endeavour to recuperate non-payments from the Affiliate Merchant; however, You agree that RupeeRebate.com reserves the right to not entertain any claims for missing Rewards or non-qualified Transactions at our Discretion. You agree that no claim in this regard can be made against RupeeRebate.com. In an event, we bring up your query to Affiliate Merchant, the decision of the Affiliate Merchant or Affiliate Merchant's tracking agent is final. When You send us a query/claim on missing Cashback/ Rewards, you have to mention the unique click id with which you had redirected to the Affiliate Merchant’s site which can be found in the activity tracker section of the user menu. If no such click id can be tracked, then we will show a message to You indicating that You did not click via our website to earn cashback prior to the sale. All exit clicks to stores are saved in the database for cross reference. Where pursuant to such a query/claim you receive a lower amount than expected; this is due to the amounts received by ourselves possibly being lower than the original claim from the Affiliate Merchant. We do allow You to query this with us. If an Affiliate Merchant still hasn't paid a manual commission claim after a period of six months, then we reserve the right to close the enquiry claim. RupeeRebate.com is not responsible for tracking problems resulting from incorrect usage of the Program or the Site, disabled cookies, computer issues resulting from third party software, or using other cookie based websites at the time of the transaction or Affiliate Merchant partner errors/ omissions or from any other failure of tracking mechanisms. We reserve the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from an Affiliate Merchant or its agencies and/or misuse or fraud. This can include transactions which are already marked as payable or validated in Your Account, or for transactions which have already been paid over to You by either Net banking or any other means. There are various circumstances in which Cashback will not be payable to You, and will be forfeited to us, these could be, without limitation: where the cashback payment that we receive is not attributed to a Unique Track id), the transaction to which the Cashback relates is cancelled after it has been entered into(whether under the right of cancellation that applies to some sales made at a distance, or otherwise) the Cashback is attributed to a User or Account that has been suspended by us under Clause 20 of this Agreement or for any other reason associated with any fraudulent activity or any breach of this Agreement. RupeeRebate reserves the right to modify/ subsequently change the Cashback/ Rewards commission structure from time to time on the website by intimating You of the same by giving You a reasonable notice on our website and/or via email.
REFEREAL PROGRAM: -Subject to this agreement and its terms, RupeeRebate.com hereby grants to You a free, non-exclusive, non-transferrable and revocable license to market www.rupeerebate.com through the ‘Refer & Earn’ module in the site.
ELEGIBILITY OF A QUALIFIED REFERRAL:
Upon a Referral becoming a Qualifying Referral, Rupee Rebate shall pay You a referral bonus of 6% of the Cashback/ Rewards earned on Qualified Purchases by the Qualified Referral. In addition, when your Qualified Referral has further invited a Qualified Referral, then Rupee Rebate shall pay you a Referral bonus of 3% of the Cashback/ Rewards earned on Qualified Purchases by that Qualified Referral. Such Referral bonus shall become payable at the date of approval of a Qualified Referrals Purchases for a particular month. You shall be responsible for the payment of all taxes, and other government charges on such Referral Bonus and You shall indemnify, defend and hold RupeeRebate harmless from and against any claims arising out from the payment of Referral Bonus. RupeeRebate reserves the right to subsequently change the referral commission structure from time to time on the website by intimating You of the same by giving You a reasonable notice on our website and/or via email or intimating through your mobile number.
BONUS: -We will be giving bonus in the form of Rewards from time to time which can be redeemed through your preferred Cashback Receipt Method.
CASHBACK REDMPTION METHOD: - Your Rewards can be redeemed through your preferred Cashback Receipt Method. Currently you can redeem your Cashback/ Rewards through the following methods: -
There are no withdrawal limits or minimum amount requirements for redeeming cashback on RupeeRebate, save and except the limitation set by payment mechanism such as NEFT. RupeeRebate.com reserves the right to subsequently modify the withdrawal limits and add, alter or remove any of the payment methods on the website by intimating You of the same by giving You a reasonable notice on our website and/or via email or intimating through your mobile number. RupeeRebate.com also reserves the right to subsequently add any charges for using a particular payment method on the website by intimating You of the same by giving You a reasonable notice on our website and/or via email.
CLOSURE/ TERMINATION OF ACCOUNT: - In the event that You decide to close the Account with us or Your Account is closed by us for any reason whatsoever, there might be a small transaction fee to withdraw the cashback. We have the discretion to forfeit any such validated balance showing on Your Account for the reasons provided elsewhere in this Agreement.
INTELLECTUAL PROPERTY/ COPYRIGHT: - You acknowledge that all copyright, trademarks, and all other intellectual property rights in and relating to this website RupeeRebate.com (including the material which is contributed by Users or Retailers) and its content (Including without limitation the website designs and layout, text, graphics, software, source codes connected with the website, etc.) are owned by/ licensed to Us or otherwise used by us as permitted by law. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no one may copy, 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 to do so by us. This excludes the downloading, copying or printing of pages of the website for personal non-commercial use.
OUR ROLE: - RupeeRebate.com is not a party to any transactions with Affiliate Merchants, and are not the seller or supplier of any of the goods or services that they make available. Thus any legal obligations that apply to the sellers of those goods or services, cannot be imputed on RupeeRebate.com. Accordingly, to the extent as applicable by permissible law RupeeRebate.com, it’s associates and employees are not held responsible for any liability arising out of Your connection or transactions with an Affiliate merchant, as we have no control over or responsibility for the quality, safety, or legality of those goods or services available from the Affiliate Merchant, or whether the Affiliate Merchant can or will supply and pass good title to any goods or services or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Affiliate Merchant’s. For our Bank Transfer and Gift Card redemption method, RupeeRebate.com agrees to transfer your available balance through NEFT or by sending a gift card to your email id, provided that the details you have entered are accurate. For our Mobile Recharge redemption method, RupeeRebate.com agrees to provide you recharge services using the Rewards. RupeeRebate.com is not liable for any inaccuracy in entering any details while recharging Your Mobile/DTH recharge. RupeeRebate.com is not liable for any non-performance on the part of a service provider (e.g. failure of a recharge at operator’s end) RupeeRebate Products/Services for select content are handset dependent. RupeeRebate is not responsible in any manner whatsoever to provide Services to a Customer not using compatible handset. RupeeRebate Products/Services for select content are Operator dependent.
PAYMENTS: - In Redemption of Cashback/ Rewards by way of Mobile/ DTH/ Data card recharge, we give you the option of making a recharge of more than your redemption amount by paying for the balance amount though our payment gateway. We accept Visa and Master Credit Card, Debit Cards and Net banking as mode of payments which are processed through our payment gateway partner PAY U BIZ. No information pertaining to payment is shared with us as you fill all the payment related information on your bank's site.
REFUNDS: - In Redemption of Cashback/ Rewards by way of Mobile/ DTH/ Data card recharge, all sales are final with no refund or exchange permitted. You are responsible for the payment of the mobile number and all charges that result from these payments. We shall not be responsible for any payment for an incorrect mobile number. In case, money has been charged to your card or bank account or pre-paid payment instrument and a payment/service is not delivered by the service provider within 24 hours of your completion of the transaction then you may inform us regarding the same by sending an Email to firstname.lastname@example.org for further enquiry. Please include in the Mail the following details, the mobile number, service provider name, payment value, transaction date and transaction id. We shall investigate such incidents and if it is found that money was indeed charged to your card or bank account or pre-paid payment instrument without delivery of the payment/service then you will be refunded the money within 21 working days. All refunds will be given as a RupeeRebate Bonus. We shall have the sole discretion to determine the mode of reversal from the above mentioned options. However please note that bank may take up to 3-5 working days to credit the amount into user’s account.
TYPOGRAPHICAL ERRORS: - In the event that a Deal or a Coupon or any other information is listed at an incorrect price or incorrect information or incorrect cashback details due to typographical errors or due to errors in the content received from our channel partners or suppliers, RupeeRebate reserves the right to rectify or refuse any transactions carried out from such incorrect mediums.
CREDIT CARD/ E- WALLET INFORMATION: - Please note that RupeeRebate.com will never ask for Your Credit Card details or any E - wallet (Pay u Money, Pockets, etc.) credentials through Email or any other form of communication. When making payments (I any) You will be redirected to a secure payment gateway as mentioned in Point 18 herein. We request that You do not enter any such details on any forms if asked either anywhere on the website or through mail or any other form of communication. You hereby indemnify us from any loss occurring due to giving such details on the site. You are solely responsible for maintaining the confidentiality of Your password/ pin and any additional identifying information.
ADVICE: - The contents of rupeerebate.com or any of its services do not constitute or do not intend to give any advice towards making a purchase and should not be relied upon in making or refraining from making any decision. We are not responsible for the accuracy, completeness and punctuality of such information or material posted on the site. The intent of rupeerebate.com is to get You good deals and get cashback on your regular purchases, and the material posted on the site is provided as general information only. Making any transactions on rupeerebate.com is at Your own discretion and decision and we do not give You advice of any sort for the same. We reserve the right to modify our cashback service at any time but we have no obligation to update any information on the service.
CONTACT FROM 3RD PARTIES: - If anyone contacts us in relation to material or transactions associated with Your Account, then You agree: to provide all reasonable information and assistance we may require in connection with responding to that contact; and to respond promptly and accurately to it, should we pass the message to You for a response.
ADDITIONAL SERVICES: - We or our partners (if any) may offer new or additional services through the Site 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 Site 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.
OPERATION OF RUPEEREBATE.COM SERVICE: - We reserve the right to withdraw, modify or suspend aspects of our Cashback Service, or the entire service, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give You 30 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 the Cashback 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: -That we cannot guarantee continuous access to the Cashback Service or any of the content that appears on it. Nevertheless, we will strive to ensure that any periods of planned unavailability, which will be informed to You when You access the Cashback Service are kept to a minimum.
For security or other reasons, we may require You to change password or other information which facilitates access to the Cashback Service; however, we will never ask You for Your password via email, telephone, or any other means other than through the Site. You are solely responsible for maintaining the confidentiality of Your password and any additional identifying information.
DISCLAIMER: - The content and material from or through the site are provided "as-is," "as available," with "all faults", and all warranties, express or implied, are disclaimed (including but not limited to 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 other limitations. We and our affiliated parties have no liability whatsoever for Your use of any information or service. In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, savings, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the agreement between us and You. This site and the products, services, documents, content and materials and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by You from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
LIMITATIONS OF LIABILITY: - We warrant that our Cashback Service will be provided with reasonable care and skill with the intention of meeting the specifications of the Service, but we cannot and do not guarantee that our Cashback Service will meet a User’s requirements. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence. Subject always to sub-Clause (E) 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 our Company and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed a stipulated amount and that amount shall be in lieu of all other remedies which You may have against us and any affiliated party to us. We will not be liable to You or anyone else, (A) for any loss of revenue, business, anticipated savings or profits; (B) for any errors in or omissions from the Site or any services or products obtainable therefrom; (C) for the unavailability or interruption of the Site or any features thereof; (D) for Your use of the Site; (E) for the content and materials contained on the Site; (F) for any delay or failure in performance beyond our control or any of our affiliated parties. For Cashback Redemption through Online Recharges, RupeeRebate is not responsible for any delay, pricing or cancellation of recharge from mobile operator’s end. Though, best efforts are made to keep the service above acceptance levels. RupeeRebate is not a warrantor, insurer, or guarantor of the services to be provided by the Telco’s. Recharge sold by us to you is sold without recourse against us for any breach of contract by the Telco. Any disputes regarding the quality, minutes provided, cost, expiration, or other terms of the Recharge purchased must be handled directly between You (or the recipient of the Recharge) and the Telco. User is solely responsible for the selection of mobile operator and the recharge amount. RupeeRebate is not responsible for talk-time given against recharge done through RupeeRebate.com as this is purely at mobile operator's disposal. RupeeRebate will not be held liable for unauthorized use of RupeeRebate on account of loss/theft/misplacement of mobile number and/or SIM unless you have informed RupeeRebate customer support about such loss/theft/misplacement. It must be noted you shall continue to be liable for any unauthorised use of your RupeeRebate account till you inform RupeeRebate Customer support about such loss/theft/misplacement and Your request for blocking your RupeeRebate account is executed 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, 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. 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 shall survive the termination or expiry of this Agreement. Please note that under no circumstance is our liability greater than what is owed to you
COMMUNICATIONS: - You hereby expressly agree to receive communications by way of e-mails or any other medium from us relating to cashback Services provided through our Website periodically.
FEEDBACK: - You agree to report any abuse of these terms and conditions of service, or complaint at RupeeRebate Contact us section, or mail us at email@example.com.
INDEMNITY: - You hereby 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.
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.
ENTIRE AGREEMENT: - This Agreement is intended to contain Your entire agreement with us relating to our Cashback and other Services if any; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with You relating to our Services, except for any fraud or fraudulent representation by either of us.
CHANGES TO THIS AGREEMENT: -We reserve the right to change this Agreement from time to time, and when we do so, we will post the new version on rupeerebate.com, and the new version of these terms and conditions will take effect, and will govern our Services and Your relationship with us, commencing no less than thirty 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; or 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.
SEVERANCE: - In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid, binding and enforceable.
VIRUS DISCLAIMER: - We make our best efforts to rigorously scrutinize all the content posted on RupeeRebate.com. However, we cannot be held responsible for any kind of loss or damage to the data on your computer occurring while using RupeeRebate.com.
GENERAL: - You and RupeeRebate.com 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 by others does not waive our right to act with respect to subsequent or similar breaches.
GOVERNING LAW: - This Agreement, and our relationship with You, is governed by the laws of India. You and we must each submit to the non-exclusive jurisdiction of the Mumbai courts in relation to disputes arising in connection with this Agreement. All disputes pertaining to RupeeRebate will be resolved by RupeeRebate at its sole discretion. Decision of RupeeRebate in this regard shall be final and binding.
CONTACT: - We are NIYANKIT BUILDWELL LLP and can be contacted at firstname.lastname@example.org