Welcome to www.shoppingoutlet.in. The Cashback Service is operated by Pouring Pounds Ltd (“we“, “us“, “Company” or “www.shoppingoutlet.in“). Please read these terms of service (“Terms of Service” or “Agreement“) carefully as they contain the legal terms and conditions that you agree to when you use the service provided by us through shoppingoutlet.in (“Site”).
Shoppingoutlet.in membership is available through registration process after you submit certain requested information to shoppingoutlet.in. Before registration we ask whether or not you agree to current Terms of Service. If you don’t agree to our Terms of Service you will not be permitted to use the shoppingoutlet.in service.
Please be aware that a member of shoppingoutlet.in is not allowed to run any paid ads on Google, Facebook or any other platform pointing to shoppingoutlet.in. 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 Site (“Members“) and therefore create an account with us (“Account“) to earn cashback on tracked purchases from retailers on the Site (“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).
In the event that the Retailers do no track a transaction using their affiliate tracking system, then such sales might not be paid to Shoppingoutlet, and hence any due or expected cashback from these sales will also not be paid to the Member.
Unique Referral Fee:
The shoppingoutlet.in Service also provides a unique and ingenious referral fees 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 Site (“Qualifying Referral“) as long as they remain a Member themselves. Please see Clause 5 below for details.
4. Becoming a Member:
You must be at least 16 years of age to become a Member.
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 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.
Note that your Cashback Receipt Method (such as NEFT or Cheque) 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 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, then you must change the address 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 Site 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 Shoppingoutlet 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 site 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 the Company.
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 or Cheque] or any other means. In all such incidences, Shoppingoutlet 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:
- 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 the our site when making the relevant purchase)
- 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:
- suspended by us under Clause 9 of this Agreement or for any other reason;
- associated with any fraudulent activity or any breach of this Agreement;
Our help pages provide further information about these circumstances.
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 or the Member’s Account is closed for any reason whatsoever, before reaching the initial Rs 250 limit, there mind be a small transaction fee to withdraw the cashback. 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 Site (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 Site, or any of the material which is found on the Site unless properly licensed to do so by us.
By uploading or including any material on the Site, a Member expressly grants:
- 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
- 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:
- the quality, safety, or legality of those goods or services available from Retailers; or
- 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.
It is each Member’s obligation to ensure that any material posted by him/her or associated with his/her Account:
- is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
- is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
- 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;
- 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, copyright, trademark and privacy);
- does not breach the rights of any person or entity (including any rights or expectations of privacy);
- where it constitutes feedback on a Retailer, is accurate and fair; and
- does not advertise any goods or services.
If you see or experience anything on our Site that appears to infringe any of the above requirements, we would like you to inform us by using our contact form.
Each Member acknowledges that we are entitled, but not obliged, to withdraw any material, which appears – based on information received from third parties or other Members – to be in breach of this Agreement.
11. Contact from third parties:
If anyone contacts us in relation to material or transactions associated with you or 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.
12. Additional services:
We or our partners 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.
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 the 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 Site. You are solely responsible for maintaining the confidentiality 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”, 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, except as provided in sub-section 13(d). 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.
- We warrant that the Cashback Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Cashback Service, but we cannot and do not guarantee that the Cashback Service will meet your requirements.
- 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.
- Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
- Limitation of Liability: 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 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.
- 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
- (A) for any loss of revenue, business, anticipated savings or profits; (B)any errors in or omissions from the Site or any services or products obtainable therefrom; (C) the unavailability or interruption of the Site or any features thereof; (D) your use of the Site; (E) the content and materials contained on the Site; (F) or any delay or failure in performance beyond our control or any of our affiliated parties.
- 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 13 shall survive the termination or expiry of this Agreement.
15. Third Party Content:
Third party content and materials may appear on the Site or may be accessible via hyperlinks from the Site. 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 Site or accessible via hyperlinks from the Site.
You hereby expressly agree to receive communications by way of SMS, e-mails from Shoppingoutlet.in relating to Services provided through the Website.
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.
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.
19. Entire Agreement:
This Agreement is intended to contain your entire agreement with us relating to the Cashback Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Cashback Service, except for any fraud or fraudulent representation by either of us.
20. Changes to this Agreement:
We reserve the right to change this Agreement from time to time, and post the new version on the Cashback Service. When we do so, we will post the new version of the Agreement on the Cashback Service, and the new version of these terms and conditions will take effect, and will govern the Cashback Service 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.
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 us 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.
22. 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.
23. Keeping this Agreement:
We don’t separately file the individual Agreements entered into by Members when they register for the Cashback Service. You can access it at shoppingoutlet.in. 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.
You can reach us on ‘firstname.lastname@example.org’.