Welcome to firstname.lastname@example.org ("We", "Us", "ERC MAX Ventures (P) Limited" or “Our” where such expression shall unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). Please read these terms and conditions ("Terms and Conditions" or "Agreement") carefully as they contain the legal terms and conditions that you agree to when you use the service provided by us through the Website a nd the App (“Platform”, “Website”)
Our membership is available through registration process after you submit certain requested information to ERC MAX Ventures (P) Limited. During registration we display our current Terms and Conditions for your perusal. Please be aware that a member of ERC MAX Ventures (P) Limited is not allowed to run any paid ads on Google, Facebook or any other platform pointing to ERC MAX Ventures (P) Limited. If the member does not comply with this then it would result in immediate termination of his/her account.
3. Our Service:
Our Cashback Service allows users who register on the Platform ("Members") and therefore create an account with us ("Account") to earn cashback on tracked purchases from retailers on the Platform ("Retailers"). To qualify for cashback, the Retailer must confirm that the Member's purchase is tracked, genuine and successful (constituting a "Qualifying Transaction"), and your resulting cashback must be received by us (becoming “Cashback” as a result).
Unique Referral Fee:
ERC MAX Ventures (P) Limited Service also provides a unique referral fee to its Members where the Members get ten per cent cashback on each new Member's Cashback introduced by them in the manner provided on the Platform ("Qualifying Referral") as long as they remain a Member themselves. Please see Clause 5 below for details.
4. Becoming a Member:
If You are a natural person, (i) as a condition to Your use of the Platform, You must be 18 (eighteen) years of age or older; and (ii) by visiting the Platform or accepting these Terms and Conditions, You represent and warrant to ERC MAX Ventures (P) Limited 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 Conditions; 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 Cashback Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a bank account or Cheque payment details or other payment mode details into which you wish to receive payments (your "Cashback Receipt Method"), you (a) must ensure that you are, and remain, fully entitled to use that Cashback Receipt Method, and (b) confirm that you wish to receive cashback through that Cashback Receipt Method. You should keep this information updated through your Account. Please note that Cashback payments by Cheque carry an additional fee of Rs 30 to cover for administrative costs.
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 affirming assent to this Policy by clicking on the “I agree with Terms and Policy” button at the time of registration, the User provides consent to such information generation and collection as required under applicable laws
Note that your Cashback Receipt Method (such as NEFT, Cheque, Gift Cards or other payment modes as We may introduce) may have rules about the maximum or minimum payment that you can receive through that Cashback Receipt Method.
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 messages there. If you change email address or mobile number, then you must change the details we hold for you on your Account.
5. Cashback and Referral Fees:
After a Member successfully completes a Qualifying Transaction, and once we have received the resulting Cashback for that Qualifying Transaction, we pass that Cashback to the Member through his/her Cashback Receipt Method.
Please note that there are various circumstances in which a transaction with a Retailer may not constitute a Qualifying Transaction, or Cashback may not result from it. This is also true for a Qualifying Referral. The Member understands that all transactions made by him/her are not with us, but with the individual Retailer. Our help pages provide further information about these circumstances. Further, from time to time Retailers may increase or decrease the commission paid – in which case the cashback offer illustrated on our Platform may be incorrect. By default, your applicable transactions will be credited in line with the commission reported to us by the Retailer, which may be more or less than the advertised rate. We shall not be liable for any difference in the expected cashback by the Member and the actual Cashback received by the Member.
When we have traced a paying, Qualifying Transaction to your Account, we will credit your Account with a 'pending payment'. Once the Retailer confirms the transaction, the payment will be marked as 'validated' – this can take 90 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means, then the cashback payment will not be made. Apart from the Retailer, it is also mandatory for the members to intimate ERC MAX Ventures (P) Limited about any returns or exchanges for which they might have earned cashback unduly.
Whether a transaction shall qualify as a Qualifying for cashback Transaction (including cashback through a Qualifying Referral) shall be at the sole discretion of the Retailer or us and the Member understands and agrees to the same. We shall not be held responsible if the Retailer fails to report a sale to us or does not qualify a transaction as Qualifying Transaction. Further, we shall not be responsible in the event due to some technical or other error we cannot trace a sale back to the Member and does not qualify the transaction as a Qualifying Transaction or a Qualifying Referral for any reason whatsoever. Whilst we will endeavour to recuperate non-payments from the Retailer, the decision of ourselves, the Retailer or Retailer's tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission claims, particularly where no purchase has been made.
Further, in the event that the Retailer feels that the purchase is not genuine for any reason whatsoever and we do not receive any Cashback for the transaction, the Member will not receive any Cashback.
When a Member sends us an enquiry on missing cashback, our system would check if the user had an exit click from our Platform for that store on the date mentioned by the user. If no exit clicks can be tracked, then we will show a message to the Member indicating that they 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 on adding cashback values. Where a commission enquiry has been successfully paid by a Retailer, you may receive a lower amount than expected; this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a Retailer still hasn't paid a manual commission claim after a period of six months, then we reserve the right to close the enquiry claim. All payment for Missing Cashback is only applicable in instances where the Retailer pays ERC MAX Ventures (P) Limited.
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 a Retailer 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 NEFT, Cheque, Gift Cards or any other payment modes as We may introduce from time to time. In all such incidences, ERC MAX Ventures (P) Limited has the right to recover all unduly paid cashback which the member is not entitled to earn, through legal proceedings.
There are various circumstances in which Cashback will not be payable to the Member, and will be forfeited to us, these could be, without limitation:
a. where the cashback payment that we receive is not attributed to a Qualifying Transaction or associated with an Account (such as where the Member is not logged-in to our Platform when making the relevant purchase)
b. 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 Member or Account that has been:
1.suspended by us under Clause 9 of this Agreement or for any other reason;
2.associated with any fraudulent activity or any breach of this Agreement;
6. Your Account:
You can withdraw your validated cashback when you have at least Rs 250 in your Account. In the event the Member decides to close the Account with us, and if at such time of closure, the validated Cashback in your account is less than Rs 250 then the entire amount will be forfeited. If the validated Cashback in your account is Rs 250 or above, then you can request payment of the same via any of the Cashback Receipt Methods. Cashback payments by Cheque carry an additional fee of Rs 30. This is charged by our Bank to cover administration and postage costs. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.
7. 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. 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 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 Member expressly grants:
a. to us a non-exclusive license (including the right to grant sub-licenses) to use, reproduce and distribute that material through our Cashback Service and any other interactive services through which we or our sub-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 the relevant material.
9. Our Role:
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:
a. the quality, safety, or legality of those goods or services available from Retailers; or
b. whether the Retailer can or will supply and pass good title to any goods or services.
Members 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.
We reserve the right to suspend or terminate any Members access to our service, or parts of it, if in our reasonable view the relevant Member or Account appears to be in breach of any provision of this Agreement.
Members must not enter into, or attempt to enter into, any transaction with a Retailer or to gain Cashback (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 in the Member's Account in case of such misuse of our service by the Member.
11. Contact from third parties:
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
a.to provide all reasonable information and assistance we may require in connection with responding to that contact; and
b.to respond promptly and accurately to it, should we pass the message to you for a response.
12. Additional services:
We or our partners may offer new or additional services through the 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.
13. Operation of our Cashback Service:
We reserve the right to withdraw, modify or suspend aspects of the Cashback 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 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, however, 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 you will be informed of when you access the Cashback Service at the relevant time, 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 Platform. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
Please visit www.zoogol.in to ensure you have a current copy. For any clarifications, you can contact us by logging on at www.zoogol.in or email us at email@example.com