These terms of service (the "Agreement" or the "Terms") are a legally binding agreement between you ("you," "your") and Encash Inc. ("Encash," "we", "our" or "us" ) regarding the use of Encash’s web-site, mobile services and applications ("Apps"), networks and other services and features (collectively, the "Services"). Encash provides the Services to you subject to these Terms.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED INTO THIS AGREEMENT AND ANY AMENDMENTS TO ANY OF THE FOREGOING WHICH WE MAY POST FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THE SERVICES. THE SERVICES ARE FOR YOUR OWN USE ONLY. YOU MAY NOT PROVIDE THEM IN ANY OTHER WAY TO ANYONE ELSE.
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our affiliates for products, services or otherwise.
In order to access the majority of Encash’s features and services, you will be asked to register for an account. Encash has a limit of one account per person, with each unique mobile device associated with no more than one (1) user account. To register for a Encash account, you must complete the registration process at www.Encash.co or through the Apps by providing current, complete and accurate information about yourself. Upon registration, you will be asked to provide Encash with your email password and user name and mobile number. You understand and agree to provide accurate, current and complete information about you as may be prompted by any registration forms on the Services ("Account Information"). You further agree that you are not registered under more than one account. We are not responsible for any loss you suffer as a result of not keeping your Account Information current. You understand and agree that you are solely responsible for maintaining the confidentiality of your password if any and user name and that you shall be solely and fully responsible for all activities that take place under your account. Encash shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password or user name. If you become aware of any unauthorized use of your password or of your account or have motive to believe that your account is no longer secure for any reason, then you accept to notify us immediately by sending us an email at contact@Encash.co.
Every week, Encash will present you via email or push notifications or in the mobile app with one or several varied products and services on which you can obtain a discount within a certain time period (the "Offer"). You simply make a purchase of one or more of those items (the "Featured Product") at all accepted retailers or partner service providers that can provide a printed receipt, printed invoice as proof of the purchase, take a picture of the printed receipt or printed invoice on your smart phone device and using the Services through web or app whatever available, send us the picture. The discount will be credited to your account (the "Credit"), so long as we are satisfied, in our sole and absolute discretion, as provided below, that the correct product has been purchased during the appropriate time period and that the receipt photographed has been issued by a real retail store. Seeing as the Services are provided solely by Encash, by accepting these Terms, you agree not to make any claims for credit against third-party providers, merchants or manufacturers of products and services. Products that are purchased and claimed for a credit from Encash cannot be returned to the store. Note that you're responsible for all taxes, if any, associated with the credits issued by Encash.
Photos submitted through the Apps must be of the original paper receipt, which cannot have been altered in any way, issued by a retailer and for a purchase that you paid for personally. Our determination of whether a product or service promoted has been purchased by you and properly submitted in accordance with these Terms shall be the definitive determination, and shall be final and not subject to appeal.
Transfer of the credits- Once you have accumulated at least Rs 500 in your account or whatever the limit we have set, you can request a cash out totalling the balance of your account. Your request will be processed and your preference of our available partners on how the cash out request to be processed is made to you by our Services. Upon confirmation of choice we process the amount from the available partners either in their coupons or their credits forms. Please note that we have no responsibility and assume no liability for any loss or expired validity of credits provided by our partners.
In case you request a check totalling the balance or amount trnasfer, we will take it on case by case basis. In case check is requested, Your cheque will be sent by mail to the address provided at the moment of your request. Please note that we have no responsibility and assume no liability for any loss or delay of funds mailed to you that is caused by any postal service or any other party. If no choice is communicated to us, the credit will remain in your account without interest. The funds we use to pay the Credit amounts are provided to us by the brands that make the applicable Offer possible. In the unlikely event we do not receive funds for an Offer from the applicable brand, we will not pay you the applicable Credit amount.
Termination of Account- If you cancel your account with us, if we terminate your account or if we cease providing the Services generally, and you have a credit of Rs 500 or more in your account, you will be expected to withdraw all credits at the time the account is cancelled or terminated or the Services discontinued. If you fail to properly withdraw your credits within a period of fifteen (15) days from the date account terminated, you will forfeit the credits that remain in your account. We have no responsibility and assume no liability for loss of credits.
Although you have a right to the credits accumulated in your account through various transactions made on Encash website, you will not have acquired a property interest in such credits if and until you withdraw the credits from your account, in accordance with these Terms.
You are responsible to keep your account active, which means that you must use the Services at least once per calendar year. If you fail to purchase a Featured Product and deliver a photo of the paper receipt for twelve (12) consecutive months, your account will be considered "inactive." Once an account becomes inactive, we reserve the right to charge or deduct a fee ("Inactivity Fee") by debiting the credits on your account by an amount equivalent to Rs 50 per month, up to the total amount in your account, prior to reactivation in accordance with and to the maximum permitted by law. We will attempt to notify you before your account becomes inactive by sending you an email to the address indicated in the Account Information. Subject to our right to terminate your account under these Terms, you may reactivate your account by purchasing a Featured Product and submitting a photo of your receipt. Depending on applicable local tax laws, your withdrawal of credits may be subject to taxes. You will be solely responsible for any and all tax liability arising out of such withdrawal.
For purposes of these Terms, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, layout, design, formatting, software, scripts, graphics, written posts and comments, and interactive features generated, provided, or otherwise made accessible on or through the Services. Subject to the Terms, Emcash grants you a worldwide, non-exclusive, non-sublicensable and non-transferable license to use and access the Services and the Content. Any unauthorized use of the Services or Content, as established herein, without Encash prior written permission is strictly prohibited and will terminate the limited license granted herein and may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. You further acknowledge that we have the right to terminate and revoke the limited license granted herein at any time and for any reason, at our sole discretion.
The Services may permit you to link to other websites, apps, services or resources on the Internet, including through use of an API or by linking your account on Encash with an account on the third party service, such as social networks, or also through an application purchasing platform (“Third-Party Sites”) and to access third-party content (“Third-Party Content”). You acknowledge that, by using these tools, you authorize us to transfer such Account Information and other information to the applicable third party service. Furthermore, you acknowledge that when you access Third-Party Sites and Third-Party Content, you do so at your own risk: we provide these links only as a convenience and have no control over these other resources. We do not publish or disseminate the material contained in these other sites or applications. The inclusion of any link to a Third-Party Site or Third-Party Content does not imply our endorsement or any association between us and their operators. You acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party Sites or Third-Party Content, nor for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Sites or Third-Party Content.
We reserve the right to run advertisements and promotions from third parties on the Services, the whole at our discretion. When you communicate or make a transaction with a third-party or participate in promotions from a third-party, any terms, conditions, warranties or representations associated with such transactions are only enforceable by and between you and the third-party in question. You acknowledge that we are not responsible or liable for any damage or loss of any sort caused or alleged to be caused by or in connection with communications or transactions made with a third-party advertiser on the Services.
Encash may provide incentives in the form of Encash Points to its users. Each user can earn Points by performing on the Apps certain activities determined by Encash from time to time, such as, for instance, purchasing a Featured Product, scanning a receipt, purchasing certain brands or products, reaching a certain level of activity, posting information or comments on the Apps, sharing deals with their personal contacts and inviting them to try out Encash, and so on and so forth. Users will be able to exchange Points against rewards in the upcoming Encash Rewards Store. Encash Points will expire after twelve (12) consecutive months of inactivity from their date of issuance by Encash in the user’s account. In the case of Encash Points, your account will be considered “inactive” if you fail to purchase a Featured Product and deliver a photo of the paper receipt and if no points are debited or credited from/to your account for twelve (12) consecutive months. Encash Points earned by a user may be subject to taxes under any local tax laws and if so, the payment of such taxes shall be the user’s sole responsibility.
Encash may introduce, occasionally, referral incentives for its users, by which you may qualify for special bonuses or other incentives if you refer potential new users to Encash, according to the terms and conditions determined for each individual referral activity. Users shall not be eligible to qualify for these referral incentives if they behave in any way that is prohibited under these Terms. Any referral incentive earned by a user may be subject to taxes under any local tax laws and if so, the payment of such taxes shall be the user’s sole responsibility.
Subject to these Terms, we reserve the right, in our sole discretion, to terminate your license to use the Services and your access to all or any part of the Services at any time, with or without case, with or without notice, effective immediately. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or any policy or guideline relating to the Services, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Apps, or by sending you a notification at the email address you provided in your Account Information, or by a pop-up window or other notification to you through the Services when you log in through the Services, via e-mail or by another appropriate means of electronic communication, at our sole discretion. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability, including notably, terminating an Offer prior to its previously indicated end date and time and cancelling the resulting payments. While we will timely provide notice of modifications, it is also your responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes or modifications.
If you do not agree with the changes or modifications to the Terms, you must stop using the Services. You can cancel your account with us without further obligation, and any credits of Rs 500 or more remaining to your credit will be processed to you as described below. If you have any questions about the Terms, please communicate with us at contact@Encash.co.
Encash may in some instances allow you and other users to use the Services to submit unsolicited ideas or suggestions of any kind, or post reviews, opinions, advice, ratings, discussions, comments, messages, and other communications, as well as files, images, photographs, video and other materials and content through social networks, forums, bulletin boards, reviews, surveys, discussion groups, chat rooms, blogs, or other communication facilities that may be offered on or through the Apps from time to time. We are under no obligation to keep such communications or the content you send us confidential and may use, reproduce, publish or redistribute it for any purpose, without restriction and without having to compensate you.
All interactions on this Site must be lawful and must comply with these Terms. When using the Services, you recognize that you are forbidden from engaging in any of the following activities that are prohibited by Encash and constitute express violations of this Agreement (the “Prohibited Conduct”), and thus agree not to:
Submit any purposely inaccurate information, commit fraud or falsify information in connection with your Encash account or in order to create multiple Encash accounts;
Submit to Encash false copies of receipts or do any other attempt to obtain a Credit for products that have not actually been purchased, or for products that have been purchased but returned to a store, following purchase;
Upload receipts that have already been uploaded by you or another user, for the purpose of earning Credit from Encash;
Upload receipts to Encash that reflect purchases that took place more than one (1) week prior to the date on which the receipt is uploaded; Attempt to obscure the date of a receipt, such as by purposefully uploading a receipt without any date shown or without any clearly legible date shown;
Exploit or attempt to exploit Encash Points system or Referral incentives program by inviting yourself to join Encash using another account or invite others who share the same mobile device, in an effort to earn referral bonuses or credit(s);
Assume or act the character of any person or entity, or to claim an affiliation with any person or entity, or to use or access the user account of another person without her permission, forge another person’s digital signature, or perform any other similar fraudulent activity;
Use, view, copy, print, modify, distribute, or store portions of the Content for any purpose other than using the Services, including notably for commercial use or in any way that violates any third party right, without prior written permission from Encash;
Proceed to any and all transfers of the licenses granted herein;
Make false or misleading claims about Encash, the Content, the Apps and/or the Services.
Make statements or post, upload or distribute on the Apps and/or the Services any information or material that is, or that a reasonable personable could deem to be, unlawful, harmful, objectionable, profane, offensive, hateful, threatening, indecent, abusive, embarrassing, harassing, hateful, racially or ethnically offensive, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, or otherwise inappropriate, invasive of the privacy of another person, or violating any third party rights;
Use the Services to make unsolicited offers to Encash users or send them any promotional material whatsoever;
Infringe the copyright or any other proprietary rights on the Services or the Content;
Use the Services in violation of any local, state, provincial, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services, including service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site or putting a disproportionately large load on our infrastructure;
Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
Attempt to or access, monitor or copy any Content or information from the Apps using any data mining, “robot,” “spider,” “scraper” or similar data gathering or extraction methods or other automated means or any manual process for any purpose without our express written permission;
Upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
Using frames, framing techniques or framing technology to enclose any content included on the Apps without our express written permission;
Using any Content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Apps or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
Modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;