VAC Media Pvt. Ltd operates Perks4 series of Cashback , Employee and Customer Discount portals. (here in after referred to as "we", "Company" or "Perks4 or other sites which belong to us"). The users are requested to read these terms and conditions of use of our service ("Terms and Conditions of use" or "Agreement") and confirm categorically that you agree when you use the service provided by us through our web sites.
You can become a member of perks4.in or similar portals run by us through a simple registration procedure, after providing certain required data. Before registration is complete you are required to enter whether or not you agree to the terms and conditions stipulated here in. Only if you AGREE in full to our terms and conditions referred in this document you are permitted to use our services through our websites. Your acceptance of the T & C may kindly be given after thorough reading.
It is explicitly understood that a member of Perks4.in or any other of our sites is not allowed to run any paid advertisements on sites like Google, Facebook or any other social or other platform mentioning our site(s). If this condition is violated then it would result in immediate termination of his/her membership and the privileges there off including any Cash / Reward points, etc. accruing to such a member's account will be void.
Our Service allows users who register on our Site ("Members") and thereby create an account with us ("Account") to get cashback on tracked purchases from retailers on their Site ("Retailers"). To qualify for cashback, the Retailer must confirm that the Member's purchase is tracked, genuine and successful (constituting a "Qualified Transaction"), and the resulting cashback money must be received by us (as "Commission" which is a result of having performed a " qualified transaction ").
In the event that the Retailers do not track a transaction using their affiliate tracking system or due to whatsoever reason a sale does not get paid and Perks4 does not receive the Commission, then the assumed and presumed cashback from these sales will not be paid to the Member. In this regard the stand of the Retailer as to whether a qualified transaction has taken place or not shall be final and binding on all parties.
An individual must be at least 18 years of age to become a Member.
He / She must register for the Cashback Service using accurate and current information - including correct name, address and any other requested details. If asked for, and provided, details of a bank account or Cheque payment details into which the member wishes to receive payments ("Cashback Receipt Method"), such bank account or cheque payment details shall stand only in the name of the member and in India. The member is expected to ensure full entitlement to use that Cashback Receipt Method, and confirm explicitly that He/She wishes to receive cashback through that Cashback Receipt Method. Member should keep this information updated through the respective Account.
Note that the Cashback Receipt Method (such as NEFT or Cheque) will have rules about the maximum or minimum payment that you can receive through that Cashback Receipt Method.
It is entirely the responsibility of the member to ensure that the email address we hold is kept up-to-date and that the member has full access to it - we will be sending important messages there. If there is change in email address, then you must change the address we hold for you on your Account.
After a Member successfully completes a Qualified Transaction, and once we have received the resulting Commission for that Qualified Transaction, we pass a portion of that as Cashback only in Indian Rupees to the Member through his/her Cashback Receipt Method.
It should be carefully noted that there are various circumstances in which a transaction with a Retailer may not constitute a Qualified Transaction, or Cashback may not result from it. The Member understands that all transactions made by him/her are not with us, but with the individual Retailer. Moreover, 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. The 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. Further, in the event that the Retailer feels that the purchase is not genuine for any reason whatsoever and we do not receive any commission for the transaction, the Member will not receive any Cashback.
Whether a transaction shall qualify as a Qualified Transaction for cashback 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 Qualified Transaction. 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 Qualified Transaction for any reason whatsoever. While we will endeavor to recuperate non-payments from the Retailer, the decision of ourselves, the Retailer or Retailer's tracking agent is final. While we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission claims, and our decision shall be final and binding.
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 us.
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 that 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.
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:
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 might be a small transaction fee to withdraw the cashback. Cashback payments by Cheque carry an additional fee of Rs 30 or such other amount as may be decided by us. 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.
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:
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:
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:
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.
if anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
1. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
2. to respond promptly and accurately to it, should we pass the message to you for a response.
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.
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 Site. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
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 / program bugs/ unexpected hardware software failures contained within the electronic file containing a form or document is disclaimed.
1. 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. 2. We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise. 3. It is explicitly agreed that we are NOT responsible for any claims as a result of the transaction between the seller and the buyer and any consequential damages of any kind what so ever. Our liability is limited to giving the buyer who has transacted a “qualified transaction” through our site and the Commission has been received by us for that transaction from the seller. No other service is expressed or implied and therefore no other liability arises, which may be noted carefully before agreeing to accept our terms of service. The provisions of this Clause 14 shall survive the termination or expiry of this Agreement.
Third party content and materials may appear on our Site(s) or may be accessible via hyperlinks from our Site (s). We are neither responsible nor liable 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.
By accepting the terms and conditions you agree to receive communications by way of SMS, e-mails and other media from VAC Media Pvt. Ltd relating to any information relating to our service. You are required to keep your contact information up to date to facilitate these communications. We are not responsible for any charges by your communications service provider.
We encourage the members to actively benefit from the value we bring to them and do not charge any fee for account maintenance. In exchange to this incredible value we offer free of cost, we expect our valued members to remain active. In the event that a member’s account remains inactive for an extended period of time, we reserve the right to terminate the account and in which case any account balance shall be forfeited. The decision by us in this regard shall be final.
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 or (c) any defective product or service that the retailer may provide .
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 endeavor to do so in such a way as to be a fair one. You may not without our written consent, assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it. Our decision in this regard will be final and binding.
This Agreement constitutes the entire agreement with us relating to the Cashback Service; it replaces all earlier agreements and understandings if any.
We reserve the right to change this Agreement from time to time, and post the new version on our site. We will mention the date from which the new Terms and Conditions will apply . You are at liberty to use our service subject to such new T & C or you may stop using our services. If you continue to use our services beyond the stipulated period, you are deemed to accept the new terms and conditions.
If any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. The user of this service and we the provider of the service are the parties to this agreement are just independent contractors, and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created or implied by this Agreement. Our omission to act with respect to a breach does not waive our right to act with respect to subsequent or similar breaches.
This Agreement, and our relationship with you and each Member, is governed by the laws of the Republic of India as applicable to ecommerce and Cyber laws and subject to the Jurisdiction of a Civil Court in Coimbatore only.
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