Last updated 23rd January - 2022
THIS REWARD SERVICE IS PROVIDED TO YOU BY IN.CASHBACKAPP.COM AND IS OPERATED IN INDIA BY Enigmatic Smile Rewards Pvt Ltd, with its registred office at, c/o Wework, 13th Floor, 247 Park, LBS Road, Vikhroli West, Mumbai - 400079 (COMPANY)
Where the following terms or phrases are used, they shall have the following meanings:
Agreement means these terms and conditions.
Cardholder means any individual who has registered a card with us, more specifically defined in section 2.1.
Qualifying Transaction means any transaction where you collect a Reward, more specifically defined in section 2.5.
Reward means the specific Reward receivable for each Qualifying Transaction. Individual Rewards come in many different forms. These may include Cashback Rewards, Stamp Rewards, Discount Rewards, Referral Rewards and any other type of offer as we may promote to you from time to time.
Authorised Merchant means any retailer or wholesaler of products or services who has agreed to provide a Reward to Cardholders on Qualifying Transactions according to the terms of this Agreement.
Reward Services means the supply and administration of Reward Services as contemplated by this Agreement and provided to you by us.
Redemption Conditions means such conditions which are defined on our website, including but not limited to, having to accumulate a certain amount of Rewards before you are able to redeem them, spend them, or withdraw them, as well as compliance with any applicable money laundering legislation. You may view details of all current Rewards and Reward Conditions on our website.
Active Country means any country in which we currently allow cardholder registration and Authorised Merchant registrations.
Transaction Verifier means any organisation, or decentralised network, with whom we work directly or indirectly with the express purpose of electronically or manually verifying registered Cardholder’s transactions at Authorised merchants. This term includes any card scheme with which we have a direct or indirect relationship, including but not limited to, VISA, MasterCard, American Express, Diners Club, Discover card, JCB, RuPay, Nets, or Union Pay. It also includes any processor of financial transactions where we have a direct or indirect relationship, whether this is a merchant themselves, a merchant’s agent, a merchants payment service provider, a payment gateway, or whether this is your card issuer or your card issuers processor. This term also includes, but is not limited to EPOS system providers, terminal providers, programme managers, banks, acquirers, ISOs, receipt and e-receipt processors etc.
Transaction Information means any transaction, or group of transactions, you have made which has been verified by a Transaction Verifier.
Pay by cashbackAPP means the payment process by which you may purchase vouchers or subscriptions from us, in your mobile app or through our website. Where you use Pay by cashbackAPP you authorise us to debit your registered card with the appropriate charges.
All pay by cashbackAPP vouchers and all Pay by cashbackAPP sales are final and no refund can be issued, so please double check each time you use it.
This Agreement is a legal document and has been carefully designed to reflect the way the Reward Services operate through both www.in.cashbackAPP.com and its official mobile applications. This Agreement will form the basis of your rights and obligations to Company (“ us”, “our” “we”) in connection with the Reward Services you have requested us to provide to you. Please ensure that you have read and understood these terms and conditions as this will form the basis of our contractual relationship. Once you have registered with us, you agree to be bound by the terms of this Agreement and that you understand your obligations to us. If you decide at any time that you do not agree to be bound by these terms and conditions, or any updated terms and conditions, you may request removal of your account and Personal Information from our systems by contacting us through the support section of cashbackAPP.com. We will then remove your Personal Information, anonymise and previous transactions, and close your account within 10 days.
If you require any further information in connection with this Agreement or the Reward Services or if you have any questions you would like answered before you register or register your card, please contact us through the support section of cashbackAPP.com
2. Conditions that apply to your account
1. Registering for Rewards: You must be 18 years of age before you can use our website to collect Rewards and you must live in an Active Country. You will need to register through our website or application and provide the Personal Information that we request from you. Any information you provide should be accurate and not untrue or misleading. You are solely responsible for ensuring that the information you provide (including bank or card details and e-mail addresses) remains up to date. If you change your details, please notify us as soon as possible. All our validly registered users shall be known as ‘Cardholders’ and upon completion of your registration you will be given a unique account number which you should keep secret.
2. Earning Rewards: Our programme allows you to receive Rewards on Qualifying Transactions whenever you fulfil the Redemption Conditions.
3. You expressly agree to authorise each and every one of our Transaction Verifiers to verify your purchase transactions for us, and provide us with such information, including in some cases, your historical transactions, so that we may provide the Reward services to you.
4. For the purpose of this agreement you expressly agree that all Transaction Verifiers are not party to any transaction you make and are only required by us to verify your purchase transactions. You also agree that all Transaction Verifiers cannot and will not be held liable by you for any direct or indirect loss or damages which you may suffer for any reason, including but not limited to, merchants closing their businesses and not paying the monies due, or our own non-performance. Furthermore you expressly agree that all Transaction Verifiers are not in any way responsible for your Rewards.
5. A “Qualifying Transaction” is one where we receive confirmation from a Transaction Verifier that a Cardholder’s transaction is genuine, has been successfully processed and can be tracked by our systems. Rewards will be paid at the agreed rates set by the Authorised Merchant or ourselves and whilst we take reasonable care to ensure all marketing and promotional Reward rates are accurate, we cannot be held responsible for any inaccuracies or variations to the published rate.
In the event that a Cardholder changes or receives an updated bank card, such that the 16-digit number or security information is altered, you must advise us as soon as possible. Failure to update this information will mean you are unable to claim Rewards until such time as our records are updated. In cases where your bank, or our service provider, provides us with your new card details you authorise us to replace the details in our system on your behalf. Please note that we cannot back-date Rewards in any circumstances and your Reward enabled card must be used at the time of purchase.
Snapcash Receipts Programme: Where you have chosen to earn or claim Rewards as a result of our “ Snapcash receipts programme”, you agree that Rewards will only be awarded by us where you have uploaded a transaction receipt from an Authorised Merchant via our official mobile application or website and that receipt clearly shows details of the transaction you wish to register. You agree that the Authorised Merchant’s decision, or ours on their behalf, to decline, accept and/or pay Rewards on any receipt is final and binding.
Whenever you submit a receipt, the transaction will be marked as “Awaiting Verification.” “Awaiting Verification,” indicates that a process has begun to ensure that your receipt constitutes a Qualifying Transaction. If the receipt is found to match the conditions of a Qualifying Transaction it will then be marked as “Pending.” “Pending” means that we are awaiting payment from the Authorised Merchant, or affiliate. Once the Authorised Merchant has made payment the transaction will be marked as “Confirmed.” Once you meet the Redemption Conditions you have access to the applicable Reward. Receipts can take up to 14 days to pass to “Pending” status, and up to 30 days before they are marked as “Confirmed.”
6. Reward Redemption & Our Fees:
6.1. Once a Cardholder completes a Qualifying Transaction and we have received a Reward from the Authorised Merchant, we will display this Reward in the Cardholder’s account in a format which allows you to understand how far away from the Redemption Conditions you are. Once your Reward Balance meets the Redemption Conditions, the Rewards may be redeemed. Please ensure any personal and/or bank details you provide us are up to date and accurate as we cannot be held responsible for any delay or error in processing your Reward redemption as a result of out of date or incorrect information. Whilst we expect Reward redemption requests to be processed within 10 business days, please be aware that some requests may take longer due to internal checks and transfer timescales. You accept and authorise us to create an invoice, from you to us, for any Reward Redemptions you claim and to email you a copy of the same.
6.2. Our Fees: When your Rewards are redeemed, you will receive the value of the total Rewards earned by you less any fees we have charged you for providing the Reward Services. These fees will be notified to you when you register for the Reward Services. Fees vary depending on they type of Reward claimed and will be notified to you, from time to time, on cashbackAPP.com or our mobile apps or any other medium we decide on. We reserve the right to amend these fees at any time by giving you 30 days notice of such a change. You should be aware that any Reward generated by you has no cash value until such time as it meets the Redemption conditions and is validly redeemed in accordance with the terms of this Agreement. Furthermore, until the Rewards are redeemed the Rewards do not belong to you. For clarity, we do not hold your funds at any time. Any and all Rewards are owned by us at all times, and have no cash value, until you have achieved the Redemption Conditions and requested a Redemption.
7. When we will not allow you to redeem a Reward:
You will not be allowed to redeem a Reward where we have terminated (or are entitled to terminate) this Agreement in accordance with clause 6; you have not logged into your account in any consecutive 6 month period; the Reward was not generated as a result of a verifiable Qualifying Transaction; the transaction on which any Reward was due was reversed, refunded or cancelled by any party; or you terminate or close your account with us before redeeming all Rewards eligible for redemption. Where your Rewards are validly redeemed and then subsequently reversed or cancelled, we may claim the Reward back from you.
Reward Services and us: Neither cashbackAPP, (Company) or (Company’s) group, or connected companies are party to any of the transactions you make – Each Reward transaction is a separate contract made between you and the Authorised Merchant. As such, we do not have any liability in respect of the goods you’ve acquired from them, nor do we have any control or accept responsibility in relation to the quality or safety of these goods or whether the retailer is legally entitled to sell these goods to you. We recommend that you make suitable enquiries of any retailer before you commit to purchasing goods/services from them, whether online or in-store. We would highlight that the Reward Services consists of providing a website, mobile app and administration facility to assist your collection of Rewards.
3. Intellectual Property and our website
1. By uploading or including any material to the cashbackAPP.com website or mobile apps, a Cardholder expressly grants:
1. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material throughout our websites and those of our group companies and any other interactive services through which we make available; and
2. to other Cardholders, Merchants, Publishers and Transaction Verfiers (through us, under the licence referred to in 3.1.1 above), the non-exclusive, personal, non-transferable right to view, use and display the relevant material.
2. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to cashbackAPP and/or us (including the material which is contributed by Cardholders or Authorised Merchants) are owned by, or licensed to, us. To be clear, you are not authorised to copy any information, pictures, logos, text or icons from cashbackAPP.
3. Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
4. Whilst we aim to provide real-time information and provide the Reward Services on a 24 hour basis, there may be occasions where the Reward Services are delayed, taken offline or are subjected to routine maintenance. We cannot accept any responsibility for the availability of cashbackAPP or the Reward Services. However, we will seek to inform you before we make any of these changes where it is possible to do so. In addition you recognise that it may take up to 48 hours from the point when you register a card with cashbackAPP before it becomes eligible for collecting rewards.
4. Personal data
3. By using the Reward Services you agree to us sharing proof of your Transaction Information (for billing purposes) with the Authorised Merchant to whom the transaction relates, as well as any parties who also receive a commission, or provide a service to us, including but not limited to, our Publishers, our processors, our service providers and Transaction Verifiers. Your agreement, in this context, includes the transaction details themselves but does not include any Personal Information necessary to identify you specifically as the Cardholder who transacted. You expressly consent to us sharing proof of your Transaction Information in this way, so that we may provide a more beneficial service to you.
4. If you choose to subscribe to any Authorised Merchants’ subscriber list, through having transacted with them, or by pressing the subscribe button on our website or on our mobile app, you understand that you will automatically join the Authorised merchant’s loyalty programme. You authorise cashbackAPP to provide the Authorised Merchant, to whom you have subscribed, access to your Personal Information, and that you are opting into their own independent loyalty programme within the cashbackAPP platform.
5. When you choose to subscribe to an Authorised Merchant’s programme on cashbackAPP, the Authorised Merchant receives read only access of your Personal Information, as well as the ability to contact you through the cashbackAPP system. It can also generally analyse your spending information within its business
6. When you choose to subscribe to an Authorised Merchant’s programme on cashbackAPP you authorise us, as the merchant’s loyalty provider, to update, enhance, analyse and keep accurate the Authorised Merchants’ record of your Personal Information with any other information or data the Merchant receives directly, or indirectly, through connection with ourselves, or from any other party.
7. We do not provide your email address or contact details to Authorised Merchants at any time so they may only contact you through the system.
8. You may unsubscribe from any Authorised Merchants list at any time by unsubscribing on their merchant profile page on cashbackAPP.com or in our mobile apps and the Authorised Merchant will no longer have access to your Personal Information.
9. Authorised Merchants may update the Personal Information about you which they hold, and which you have authorised us to share with them (by pressing the subscribe button or by having transacted with them.) They may also match the personal data they hold with the Transaction Information we also provide to them, in order to enhance their loyalty programme. They may do this themselves or instruct cashbackAPP as their loyalty provider to do this for them.
10. Although we allow merchants to target communication with Cardholders using their Personal Information (such as sending a special message or offer on your birthday) we do not allow them to target Rewards based on your Transaction Information. All Cardholders have the same chance of receiving Rewards from all Authorised Merchants.
5. Transaction monitoring
By registering a payment card in connection with transaction monitoring, you authorize us to share your payment card information with MasterCard so it knows you enrolled. You authorise MasterCard to monitor transactions on your registered card(s) to identify qualifying purchases in order to determine whether you have qualified for or earned an offer linked to your payment card, and for MasterCard to share such transaction details with us to enable your card-linked offer(s) and target offers that may be of interest to you. You may opt-out of transaction monitoring on the payment card(s) you have registered by simply deleting your card in the registered card section of our website.
1. We will provide the Reward Services with reasonable care and skill but we cannot and do not guarantee that the Reward Services will generate any minimum level of Rewards.
2. We may 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. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
4. Subject always to section 5.3, we shall not be liable for direct loss or damages, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by act or omission or that of our employees, agents or subcontractors. Our aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you become a Cardholder, shall be limited to the fees retained by us from all Rewards earned by you.
5. 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. for any loss of revenue, business, anticipated savings or profits, or
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 Reward Services or other non-performance of this Agreement or otherwise.
7. Ending the agreement
1. You may cancel your Agreement by notifying us of your wish to cancel in writing by contacting us through our dedicated user portal on the website or mobile application.
2. We may cancel your Agreement where:
1. it is found that you have provided false information or any third party has used your account or any card attached to your account (with or without permission);
2. you have unfairly or deceptively used the services we provide (for example, used an unauthorised payment method or unreasonably exploited an Authorised Merchant’s offer);
3. your account has been inactive for 6 months or more;
4. we have attempted to provide the Reward Services to you for a period in excess of 90 days but, for reasons beyond our control, we have been unable to do so; or
5. you act in any way which we deem to be abusive, defamatory or contrary to our values.
3. What happens on termination:
1. You terminate: Before you terminate, you should be careful to withdraw all Rewards eligible for withdrawal from your account. Once your account is formally closed and this Agreement is terminated, we cannot recover any Reward that remains in your account.
2. We Terminate: Where we terminate this Agreement, you acknowledge that all Reward held in your account will be forfeited and that we may retain these sums absolutely.
We may run referral promotions at various times during your membership. During these periods if you validly refer a new Cardholder to us (and they become a Cardholder themselves) we may provide a Reward to you. This Reward will be issued solely at our discretion. There will be no cash value attached to any reward (save where it can be redeemed) and the issue of any Reward is at our sole discretion.
9. Sign up verification cost
If you have signed up with one of our street promoters your card will have been charged a 69₹ card verification fee. This is done to ensure your card is a live and active card. We immediately credit a 69₹ Cashback Reward into your cashback account when you first sign up, which you can withdraw subject to meeting the Redemption Conditions.
10. Entire agreement
This Agreement is intended to form the entire contract between you and us. This Contract excludes any other marketing materials or discussions which may have taken place before you signed this Agreement, save where a fraud or fraudulent statement has been made by either party.
11. Changes to this agreement
From time to time we may update this Agreement. This may come as a result of a change to our services or the terms on which the Reward and Reward Services are made available to you. Any changes to this Agreement will be made available to you via our website and notified to you by e-mail. These changes will take effect 30 days after they have been notified to you. In the event that any term of this Agreement is found by any court to be unlawful, the remainder of the Agreement will remain unaffected; however, it may be modified as required to give effect to any deletion a court may determine.
12. Assignment and third parties
1. You may not transfer or assign your obligations under this Agreement to any person without our written consent. Unless we provide written confirmation approving any change, no third party shall be entitled to benefit from any rights under this Agreement.
2. We may transfer, or sub contract to our service provider, our obligations under this Agreement to any company without notice.
3. If our directors or shareholders wish to sell the company, programme, or any part of the programme, or if they have any other reason that they deem appropriate to transfer the assets of the company, we maintain the right to transfer all obligations and benefits of this agreement, subject to notifying you of the same, to another company, so that your service remains non interrupted.
13. Governing law & Dispute RESOLUTION
In the event of any dispute arising relating to any matter concerned with this agreement or the subject thereof or in relation thereto and whether as to the construction or otherwise, the same shall be referred for arbitration under the arbitration and conciliation act 1996. The venue of arbitration shall be subjected to Mumbai jurisdiction only.
14. This Agreement will be governed by the laws of India, and any dispute in connection with this Agreement or the services provided by us or our group companies shall be subjected to the courts of Mumbai India.