Consumer Terms of Service (“”)
Terms last revised: April 2024.
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Thank you for using . In order to protect the rights and interests of users and ChaChing, please read the following Terms carefully before you register with the Site, interact with or transact through the Site, with other users or use the Services.
These Terms of Service (“”) govern the use of the mobile or other applications and the website made available or operated by ChaChing from time to time and other directly related services offered from time to time by ChaChing. ChaChing is owned and operated by ChaChing Me Inc. (“”, “”, or “”). “” or “” refers to You as consumer user of the Site or Services.
By registering with, or using, the Site or any related application or Services, User expressly agrees to be bound by these Terms and represents to transact and interact only as provided for herein. These Terms represent a legal document and govern the rights and obligations between ChaChing and User as well as dealings with other users and other relevant parties. ChaChing reserves the right to refuse any party the use of the Site or Services and is not responsible if you or anyone on your behalf, or utilizing your credentials, accesses the Site or uses the Services in any manner that violates applicable laws and regulations or these Terms or the rights of other users.
It is offered and made available only to users who are 18 years of age or older. and any third party referenced on, or through, the Site and the Services and that You meet all relevant further eligibility requirements.
The Site and the Services are for Your own use only, and You may not resell, lease, or provide them in any other way to anyone else.
Unless otherwise provided for herein, defined terms shall have the following meaning ascribed to them.
“” means a user interacting with the Site for the purpose of selling or promoting goods and services and soliciting Consumer interest and purchases.
“” or “” has the meaning provided for in Clause 7.1.
“” means a User interacting with the Site for the purpose of participating in ChaChing programs by purchasing goods and services.
“” means payment cards eligible for registrationas a method to make payment or receive Cash Back or credit by a User; not all Visa, MasterCard, and American Express cards are eligible for registration; in case you fail to register with a payment card, you will not be able to use ChaChing and, therefore, please contact your card issuer or customer support.
“” has the meaning provided for in Clause 5.ix.
has the meaning provided for in Clause 8.iv.
“” means an Eligible Payment Card registered and linked to the User account in accordance with these Terms.
“” has the meaning provided for in Clause 5.xi.
means Visa, MasterCard and American Express.
means any officer, employee, contractor or consultant of ChaChing.
“” has the meaning provided for in Clause 7.1.
“” means the Site, including, inter alia, operation of any of its functionalities, and any other directly related services offered from time to time by ChaChing.
“” or “”, used interchangeably, means, each and together, the ChaChing PayBack application downloaded on and operated under, the relevant app store, the ChaChing website, and any other ChaChing online or mobile applications made available or operated by ChaChing from time to time that you use the Services on.
“” means a third party supplier of services to ChaChing for the purpose of operating the Site, Services or any aspect connected thereto, including the provision of transaction data for the Cash Back and Reward programs.
shall have the meaning provided for in Clause 5.iv.
“” shall have the meaning provided for in Clause 18.ii.
i. In addition to the provisions contained in these Terms, the privacy policies, statements, rules for use, and other relevant policies announced by ChaChing on the Site from time to time constitute the content of the Terms, which shall be incorporated by reference and have the same effect as these Terms. Where such privacy policies, statements, rules for use and other relevant policies are incompatible with these Terms, the more specific provisions, and absent that the more recent provisions, shall have pre-eminence.
ii.
i. Based on various factors such as, inter alia, compliance, legal and regulatory environment, business environment, streamlining, enhancement of User experience, or industry practice, ChaChing may in its sole discretion at any time unilaterally make changes to the Site, the Services, their features or functionalities, or adjust or change the content of these Terms without consent of, or liability to, the User, even though these changes may affect Your user experience or the PayBack or other Rewards (if any) ChaChing provides to you.
ii. In case of any adjustment of or change to the Terms, ChaChing will seek to notify User in accordance with these Terms and any applicable privacy policy or privacy statement or rules of use by electronic mail or statement on the Site or on the User account interface. In case of electronic mail, notification will be deemed sufficient if made to User’s contact details on file with ChaChing or to in-account messaging functionalities (if any) of the Site.
iii.
iv. All changes provided for in this Clause 3 shall remain subject to mandatory applicable laws and regulations. Where laws and regulations are mandatory, i.e., cannot be abrogated between the parties, for a specific geographic region, service or type of user, they shall apply to such area or user only.
In access and use of the Site and the Services, you may be subject to additional terms, rules, policies, and conditions. By using any part of the Site and Services, and related applications, You are allowing ChaChing to share Your personal information provided to us when You register and earn PayBack and Rewards with our participating brands and Advertisers in case of an intended purchase by You, as well as with Suppliers, in particular relevant Payment Card Networks and related verification providers, regardless of Your actual interaction with each strictly only as provided for herein.
i. User shall be an individual with full legal capacity. User represents that no action has been taken that could lead to its being declared or found bankrupt or subject to credit default procedures. User shall in no case use a representative or agent to register, transact or otherwise act on or through the Site. If User is a person not of legal age or under assistance or a person who has become subject to an order of guardianship, preliminary, permanently or otherwise, User shall not be registered until the consent of the legal representative, guardian or assistant is obtained, evidenced and accepted by ChaChing. If any individual’s capacity is deficient, User shall be jointly liable with such individual’s legal representative, guardian, or assistant, especially if, inter alia, such legal representative, guardian, or assistant has failed to sufficiently and diligently ensure that such person did not have access to electronic media allowing him/her to access the Site or Services.
ii. User agrees to provide accurate personal and payment data when registering the account and shall update such data at any time there is any change. If information provided by the User is false or not updated in good time, resulting in direct or indirect damages to ChaChing, User agrees to hold ChaChing harmless of such damages including related legal and enforcement costs.
iii. At no time shall User use an account or communication name, or otherwise post content, that may be deemed unlawful, unethical, made up, pseudonym, seeking to pass off, or in breach of the Terms or user rules of the Site or Service.
iv. After User completes the application for registration, ChaChing may conduct cursory or more detailed user verification and credit assessment (“”) either directly with its own resources or through third party services such as, inter alia, Payment Card Networks, payment card providers, or identity verification or credit history tools provided or operated by third party Suppliers. ChaChing may at any time conduct further in-depth background or verification checks into User’s details or financial or fraud history. Following successful registration, User will obtain use of the Site or Services.
v. By registering and linking an Eligible Payment Card, you authorize ChaChing and relevant payment process Suppliers to share your payment card information with the relevant Payment Card Network. You authorize such Payment Card Network, payment processing Supplier and ChaChing to monitor, and exchange information related to, transactions on your Linked Payment Card(s) to identify qualifying purchases, in order to determine whether you have qualified for or earned a PayBack, linked to your payment card, credit the corresponding amount to your Linked Payment Card, and charge back, or charge, your Linked Payment Card the corresponding amount in case of a return, refund, or sales reversal. You may opt-out of transaction monitoring on the payment card(s) you have registered by navigating to your settings menu to remove your linked card(s); however, a) such opt-out may only be done for future transactions, and b) this may result in your ineligibility for participation in ChaChing’s core functionality of participating in promotions and cashback and reward schemes. We currently use third party Suppliers and Payment Card Networks to monitor card transactions for your participation in the ChaChing Platform. Your agreement to the ChaChing Terms authorizes such parties to monitor the transactions made with your Linked Payment Cards at participating ChaChing Advertisers, and Advertisers to confirm qualified transactions. The data collected in connection therewith includes, inter alia, Your registered card identifier, relevant merchant location, transaction date/time and amount.
vi. Use of the Site is granted to the initial applicant only. It is prohibited to temporarily or indefinitely donate, borrow, rent, transfer, sell the account or otherwise make the account, username, or password accessible to any individual or legal entity other than User. User shall take the necessary actions and precautions to safeguard access information and account details and only access the site from a secure environment and through legally licensed software and duly authorized and secure internet access.
vii. Subject to the Terms and all applicable rules, laws and regulations, ChaChing may grant User a limited, revocable, non-transferable and non-exclusive license to access, use or display the Site content (excluding software source codes), only for User's good faith use and related only to the use of the Site or Services. User shall not access, use, reproduce, redistribute, copy, adapt, modify, license, sell, transfer, publicly display, publicly execute, transmit, broadcast or otherwise develop derivative works of the Site or Services or the Site’s or Services’ content, or links to third party services contained therein, or otherwise use such content to compete with, or further third parties’ competition with, the Site or the Services, unless expressly otherwise permitted by the Terms. If User downloads or prints a copy of the content of the Site or Services for permitted use, ChaChing shall retain the copyright and other proprietary notice prompts related to the downloaded or printed content.
iix. User shall choose sufficiently strong passwords and keep the registered account access information and account security properly safeguarded. If User has any indication, suspects or finds that the account may have been illegally accessed or used or that there is any abnormal situation that could adversely affect the security of the Site or security of the use, User shall notify ChaChing immediately. ChaChing may immediately suspend in whole or in part registration, access, transaction activity and subsequent processing of the account. ChaChing shall in no case be liable to compensate User or any third party in connection with the management, maintenance, operation or security of the User account if any User details, including, inter alia, log-on credentials or passwords are used or accessed by a third party.
ix. User agrees to use the Site reasonably and with due regard to the interests of all participants and users to maintain ChaChing operational as a safe and efficient environment for all other users and service providers (“”).
xi. All actions or omissions of anyone accessing the User account, are at all times fully attributable to User irrespective of legality of access, knowledge of User, or any direct or individual liability or accountability of the person conducting such actions.
i. As an advertising platform, the Site functions only for consumer users to search offers for goods and services and for advertiser users to post Listings, advertisements and promotions. ; ChaChing will not be a party to that transaction and will serve only to administer promotions, rebates, PayBack, other Rewards (if any) or awards related to such transaction in accordance with these Terms. ChaChing may, from time to time, run advertisements and promotions of behalf of third parties on the Site or the Services.
All third party content, including without limitation, any descriptions, images, references, features, content, specifications, products and prices of products and services and values of any cash back, coupon, offer or promotion featured through the Services are subject to change at any time without notice.
ii. Users may post or transmit information about various goods or services or offers and promotions on this Site, where such funcationalities are supported by ChaChing, but they are unable to enter into binding transaction contracts with other users on this Site. Any transaction contract, if and when concluded, only exists between the relevant users or users and third parties as parties to the transaction. ChaChing does not have any actual or contractual relationship, participation or involvement with, or duty of care to, the users in connection with such prospective or actual transactions resulting from the operation or provision of the Site or Services in any form save only as expressly provided for in these Terms.
iii. .
iv. If any of the following circumstances occur in connection with a Listing or in connection with goods or services offered or promoted on or through the Site, ChaChing may at any time, with or without notice, remove any or all related information. Users shall not seek:
• Items that may be deemed prohibited or restricted by relevant laws and regulations in any relevant jurisdiction
• Items that may be deemed to infringe on intellectual property rights of any nature or interfere with other legitimate rights of others
• Items that may be deemed to be connected to market abuse, illegal multi-level marketing or market manipulation, may be deemed insincere, culturally or racially offensive, propagating hate or discrimination or substance abuse of any kind in any relevant jurisdiction, in violation of human rights, harmful to minors, harmful to public health and safety, or subject to boycotts, embargos or sanctions
• Items that may otherwise adversely affect the operation of the Site or Services or be prohibited in any relevant jurisdiction.
v. It is expressly stated and understood by User that, while it may at its discretion conduct high level or spot checks or may have certain measures in place to identify or avert contraventions, ChaChing does not as a matter of course conduct any detailed and in-depth legal review of promotions, advertisers, merchants, advertising campaigns, Listings, or goods and services offered or terms related thereto. At no time shall ChaChing be liable to User or any third party if adverse circumstances may have occurred or persisted for any amount of time prior to ChaChing becoming aware of such content, conducting a review or suspending or removing such content.
vii. You may link to our homepage, provided You do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Site may provide certain social media features that enable You to: i) link from Your own or certain third-party websites to certain content on the Site, ii) send emails or other communications with certain content, or links to certain content, on the Site, or iii) cause limited portions of content on the Site to be displayed or appear to be displayed on Your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with these terms and any additional terms and conditions we provide with respect to such features. Subject to the foregoing, You must not: i) establish a link from any website that is not owned by You, ii) cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking, iii) link to any part of the Site other than the homepage, iv) otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms. While ChaChing shall bear no liability whatsoever for the website to or from which You are linking, or on which You make certain content accessible, it must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
i. ChaChing offers You the ability to earn PayBack on your purchases of third-party goods and services completed in accordance with ChaChing’s Terms and subject to the relevant seller’s or advertiser’s terms and conditions.
ChaChing may receive commission or compensation for referring buyers to the Advertisers, brands, and merchants participating in this platform. We give a significant portion of this fee to users as PayBack. Compensation received by ChaChing may play a part in whether retailers and products appear on the Site, where they are placed, and how they are promoted to You.
Participation in this platform and the opportunity to earn PayBack are offered at the sole discretion of ChaChing and subject to Your compliance with these Terms.
Advertiser will in no case conduct, and You shall not claim or seek to effect, a return, refund or sale reversal after a period ending 30 (thirty) calendar days following the date of the sale; any returns, refunds or sale reversals after that period are at the sole risk of the Advertiser and ChaChing is not required to participate in the relevant process. You shall ensure that Advertiser is aware of the PayBack received at the time You submit a return, refund or sale reversal and You shall in no case claim the amount of PayBack received in such case.
ii. Online Cash Back
In order to earn Cash Back online, You must be signed into the platform, make a purchase with the relevant Advertiser or seller at the time of promotion through the link provided on the ChaChing Site platform and complete Your purchase transaction during the designated time frame and in accordance with all applicable terms and policies, both by ChaChing and the relevant merchant or advertiser. If You visit other sites before completing your purchase or use coupons or rewards not provided by such seller or ChaChing, Your purchase might be associated with a non-eligible service and you might not earn PayBack on your purchase. If You disable “cookies” on your device, You may not be able to earn PayBack because such cookies may be required to authenticate the user and verify user’s account as eligible for the Payback for the specific transaction.
iii. General Cash Back
In order to earn PayBack or, if supported by the relevant Advertiser and ChaChing, in-store rebate or discount through cash or offline transactions (including, inter alia, physical in-store transactions), provided such are marked as eligible on the Site, You must use the identification and verification method provided (such as, inter alia, scanning of the relevant QR code or use of coupon), make a purchase with the relevant merchant or advertiser at the time of promotion, and complete Your purchase transaction during the designated time frame and in accordance with all applicable terms and policies, both by ChaChing and the relevant merchant or advertiser. If You use coupons or rewards not provided by such merchant, advertiser or ChaChing, Your purchase might be associated with a non-eligible service and You might not earn Cash Back on Your purchase.
ChaChing’s platform allows You to earn PayBack for purchasing qualifying special offers (“Offers”) from participating merchants and Advertisers, entering a referral code, or engaging in any other activity as described in our platform from time to time.
In order to earn PayBack, any verification method must contain a description of the product, the merchant and the completion process specific enough to enable ChaChing and its third party service providers (including, inter alia, Payment Card Networksand verification services) to verify that the purchase was made and not refunded, reversed or rescinded. For this purpose, You allow ChaChing and the relevant Payment Card Networks or Suppliers to process the relevant information and access and identify all relevant details of the payment and purchase process for a period ending on the time that refund, return or reversal is no longer possible in accordance with these Terms and of the relevant merchant or advertiser. We are not able to accept or process receipts from some sellers or advertisers resulting in PayBack not being available for submitting receipts and we will not award PayBack or Rewards for transactions that are not transacted in accordance with the appropriate process in real time.
PayBack or other Rewards (if any) are redeemed from your ChaChing account linked wallet solely by way of i) ChaChing, at its discretion, crediting your Linked Payment Card or other accepted payment methods, or making cash transfer to your linked bank account (where supported), linked to your ChaChing account, or ii) You obtaining in-store credit, rebate or discounts. Rewards which consist of non-cash benefits must be requested in detail through your relevant account functionality.
Depending on the Offer, Advertiser terms, applicable return period, and the status of your verification and linked payment method, Cash Back will be credited to your payment method from your ChaChing account linked wallet after your purchase either shortly after the purchase or after expiry of the applicable return or refund periods, as determined by ChaChing in its absolute discretion. If any amounts are held in your wallet by our payment process Supplier, you can request transfer of wallet amounts in accordance with the periods shown in your account from time to time or if marked as cleared for withdrawal. Once a transfer request is approved and the selected item is authorized by us, Your PayBack or Reward balance will be reduced by the designated amount selected by You.If you have any questions or concerns with the redemption process, you may contact us at support@chaching.me.
vi. No Cash Value of Rewards; Cash Cannot Be Transferred.
ChaChing Users have no property rights in PayBack or Rewards, and PayBack or Rewards can only be used as described here and in the relevant Offer. PayBack or Rewards shown in Your ChaChing account wallet have no cash, monetary, or other value, and cannot be redeemed in whole or in part for cash .
vii. Purchase and Payment Verification
Receipt and purchase verification software may not always be accurate; if you deem an item to be improperly identified or reflected, please use the appropriate platform protocols to process and resolve this inaccuracy. In the case this does not resolve the issue, please contact our support team. In some cases, the in-app correction processes may not be available for certain transaction types in which case User should contact the support team. Furthermore, you may have a limited period of time, as stated on the platform, in which you are allowed to correct submissions. It is the User’s responsibility for reviewing submissions and support material to confirm accuracy. ChaChing or any other affiliated business, participating brands, and/or retailers are not responsible for any inaccuracies in this process, and resolution of inaccuracies.
viii. Participation Requirements
As a condition of earning, accruing and withdrawing PayBack or other Rewards in accordance with these Terms, You must: (i) at all times establish and maintain in good standing an active account with ChaChing; (ii) provide and maintain a valid email address that You exclusively own and have access to and are able to receive email; (iii) provide and maintain a secure password to protect your Account; (iv) register, provide and maintain a Linked Payment Card or other linked payment method accepted by ChaChing such as a bank account, and (v) provide and maintain up to date your physical address, and (vi) Your valid PayPal email address for receiving payment if PayPal is a payment method established by Your account settings. If You elect to receive payment via PayPal, the PayPal account must be linked to You personally and You must not use a PayPal account associated with another ChaChing account; a single PayPal email address cannot be connected to multiple ChaChing accounts.
You must not be a resident of a country, or be an individual, subject to economic or trade sanctions by the U.S. State Department or U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), by the United Kingdom or the European Union, or be listed as a “Specially Designated National,” a “Specially Designated Global Terrorist,” a “Blocked Person”, or similar designation under the OFAC sanctions regime. You further agree to provide additional information we may reasonably request to verify your identity and payment methods as a condition for You to withdraw from your ChaChing account wallet and receive payment.
i. Except for fees (if any) expressly stated by ChaChing in connection with the use of the Site and Services from time to time in the relevant fee schedules, there are no fees or charges to Consumer or Buyer users for the use of the Site or the Services and any transaction such users may conclude with Advertiser merchants as a result of the permitted use of the Site or Services.
ii. User shall bear all taxes and fees (if any; in any applicable jurisdiction), and ChaChing may withhold such where applicable, arising in connection with PayBack or rewards from the use of the Site or the Services, as well as any cashback, reward or award program, exchanges, distributions, returns, communication, network services, and other costs.
iii. These Terms do not cover, nor affect, any payment terms directly agreed between users, i.e., consumers and Advertiser merchants in connection with transactions (if any) resulting from the use of the Site and Services which remain exclusively between such parties; ChaChing is no party to these transactions in respect of payment or receipt of considerations and has no liability or obligation whatsoever in connection with these as further set forth herein, provided however, that ChaChing may administer, in whole or in part, PayBack, reward, award, or rebate related to such transaction.
iv. Once You complete account registration, You will be acting on the Site as Consumer or Buyer. At this time, ChaChing does not charge any general registration or usage fee to consumers; ChaChing may from time to time change its fee structures and will update fee schedules on the Site.
v. Account statements are system generated and can be viewed at any time by logging into Your account. We reserve our right to in our discretion review and change PayBack accrual and redemption of withdrawal terms and processes, fees (if any), including add-on chargers (if any). Any changes will be notified to User in writing (e.g. via email or posting in Your account) or by posting the changes in the relevant fee schedules of the Site.
i. ChaChing may at any time investigate, verify or confirm the accuracy of user registration data, including, e.g., payment methods, and User shall fully cooperate with such actions. ChaChing may at any time, with or without notice employ third party providers to conduct such investigation or verification.
ii. In case of an actual or alleged violation of the Terms by User, or attributable to User, ChaChing has the right to take any such actions it reasonably deems appropriate, including but not limited to, deleting, suspending, or removing illegal, infringing and inappropriate content from the Site, terminating User's registration or accreditation, banning User from access or use of all or part of the Site or Services, indefinitely retain without compensation any amounts accrued in the User account wallet, and has the right to take appropriate legal action against User. ChaChing may privately or publicly communicate, and contract, such actions to third parties as ChaChing deems fit.
iii. All content, software programs, picture arrangements, pictures, text compositions, trademark/identifications, service names and intellectual property rights of the Site and Services are owned or licensed by ChaChing, and shall not be used, copied, reproduced or otherwise processed without written authorization by ChaChing for any purpose whatsoever. User or anyone violating, or otherwise unlawfully interfering with, those rights shall bear all legal liability and ChaChing may claim direct and indirect damages resulting in whole or in part from such violation of interference including reasonable legal or enforcement costs and expenses.
User recognizes that the following actions and conduct are specifically prohibited:
• Using false information or using others' data or information;
• Transfer, lease, or lend the account or account data to others for their use;
• False or misleading posts, reviews or other conduct that is capable or designed to disrupt the purpose of the Site and Services or good faith use by other users or third parties;
• Using the Site in any way that is designed for or indicative of fraudulent purposes, supports the fraudulent behaviour of others, or has an equivalent effect, could lead to unlawful gain or undue monetary or equivalent advantages, or consists of or supports criminal behaviour towards ChaChing, advertisers, merchants or third parties;
• Using the Site in a way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software or goods and services to and from the US or other countries);
• Impersonating or attempting to impersonate ChaChing, a ChaChing employee, Supplier, another user, or any other person or entity (including, without limitation, by using email addresses, personal data, or usernames associated with any of the foregoing);
• Engaging in any other conduct that, as determined by us, may harm ChaChing, Payment Card Networks, third party Suppliers or users of the Site, or expose them to liabilities;
• Stating or disseminating or linking to content that is capable or designed to damage the personal or business reputation or business and property interests of ChaChing, Suppliers, advertisers, merchants, or other users or third parties;
• Linking to or publishing on the Site content the nature of which is, in whole or in part, obscene, pornographic, promoting or enabling substance abuse or the trading of illegal substances, supporting gambling, violence, terror, or abetting hate or crime, fraudulent, or false and untrue, insulting, slanderous, threatening or violating third parties’ privacy;
• Accessing the Site or Services through expert systems, electronic agents, “bot” or other automated means;
• Using scripts or disguised redirects to derive financial benefit from ChaChing, the Site or the Services;
• Obtaining, deleting, altering, or interfering with the electromagnetic records of devices or related equipment of ChaChing, the Site or Services or others by way of data manipulation, phishing, device programs or other direct or indirect physical, electromagnetic or other actions or means.
i. If ChaChing determines that a breach of the Terms has, or may have, occurred, it may, at its discretion take any action it deems appropriate, including, inter alia, one or more of the following:
• In whole or in part suspend or terminate, temporarily or indefinitely, access to, or use of, any user account without prior notice and without providing reasoning;
• Hide, modify or delete information posted by User;
• Delete User’s account and account history;
Indefinitely suspend withdrawal of or retain PayBack amounts accrued in User’s account wallet;
• Cooperate with authorities or public offices or third parties in any investigations of misconduct or breach including the provision of records of user details, account activities or access history; ChaChing shall in no case be liable to User or any third party for any disruption, inconvenience or damage that may arise from the actions set forth above; ChaChing shall not be required to provide copies or statements of deleted or restricted account activity or disclosure in accordance therewith to User, save only to the extent provided for by mandatory laws and regulations.
ii. In case that User wilfully or grossly negligently breaches the Terms and such breach in whole or in part results in direct or indirect damages to ChaChing or the Site, ChaChing may claim reasonable damages resulting therefrom in whole or in part from User.
iii. In case of any malware or malicious attack, phishing attack, denial of service attack, data theft, or similar actions, where such actions are perpetrated by or with the active or tacit aid of User or User’s infrastructure or access data by a third party utilizing any part of Site functionality or software vulnerability as a result thereof, User accepts liability for any and all direct and indirect damages caused in whole or in part, including, inter alia, loss of reputation of ChaChing and, in addition, liquidated damages of no less than ten thousand US Dollars for each incident and each user adversely effected. ChaChing may use any and all actions and mechanisms or software programs, cookies, trackers, intrusive or passive, to investigate and pursue and enforce its interests to the maximum extent permitted by law; the party in breach or suspected to be in breach, or the third party, specifically consents to the use of such tools by ChaChing or third parties contracted by ChaChing and waives any rights or claims it may have in this regard to the fullest extent permitted by law.
i. ChaChing may at any time unilaterally decide to restrict, block, suspend, disable, or cancel all or part of User’s account. In case User has not logged into the account for an extended period of time, ChaChing may deactivate the account. ChaChing currently determines an account as dormant if no activity has occurred over a period of 60 days and as inactive if no activity has occurred over a period of 120 days.
ii. User can at any time request ChaChing to terminate or delete the account.
iii. Termination or expiry shall not affect any accrued rights or obligations. Clauses that by their nature are designed to create ongoing effect, such as, inter alia, confidentiality, protection of intellectual property, use of information or past access to unduly interfere with ChaChing’s platform, prohibited use, data retention, compliance, personal or transaction data processing by third parties, and those related to dispute resolution, shall survive expiry or termination of User’s access to the Site or the Services for a period of five years or such other period as is required to enable ChaChing to comply with its contractual, legal or compliance obligations or best practice; ChaChing may amend such periods from time to time.
User understands and agrees that ChaChing may, in addition to procedures otherwise set forth herein, to the maximum extent permitted by applicable law use electronic document transmission, mobile phone SMS or email for service of written notices or service of process, in each case utilizing and relying on the account data provided by User.
i. The ownership of the User account on the Site belongs to ChaChing. Text, graphics, editing contents, charts, designs, photos, images, logos, fonts, and other contents on the Site are owned or licensed by ChaChing and protected by, inter alia, all applicable laws and regulations or, where applicable, of jurisdictions of the respective licensor of ChaChing. User shall not engage in any act in violation of the laws and regulations governing intellectual property rights.
ii. User shall observe all terms and conditions related to such link or redirect and not take any action in breach of the intellectual property of contractual use of such third party content or services or otherwise interfere with the good faith use, or terms of licensing, of such third party content or services and hold ChaChing harmless against any legal claims or demands or any direct or indirect damages ChaChing may suffer from such actions including, as the case may be, termination or suspension, in whole or in part, of ChaChing’s or the Site’s access to such third party content or services.
User who in connection with their use of the Site or the Services, including interaction with, e.g., customer support, obtains information provided by ChaChing, the Site or by other users, merchants, or service providers and Suppliers, including, inter alia, the Terms, Listings, data, guidelines, or other information of users or ChaChing that has not been publicly disclosed in good faith, shall keep such information safe, confidential, only use it in accordance with the Terms and not disclose such information without the prior written consent of ChaChing or the relevant user or third party other than to comply with mandatory laws, rules and regulations. User shall be responsible and liable for any actions by anyone utilizing User’s access data or systems.
i. Neither ChaChing nor any Payment Card Networks or Supplier shall be liable for any damages, direct or indirect,including consequential, User, or any third party may suffer as a result, in whole or in part, of User using or accessing the Site or the Services, or any third party site or service as a result of a link or redirect, including, inter alia, loss or theft of data, system or data security breaches, system failure or disruption of service, malware or hacking, phishing attacks, damage to electronic equipment, irrespective of whether these occur in whole or in part as a result of action by ChaChing or third parties, save only to the extent directly and solely caused by wilful acts of ChaChing.
ii. Neither ChaChing nor any Payment Card Networks or Supplier shall be responsible or liable for any user or third party conduct on the Site, nor shall it be liable for any damage suffered by any person as a result of such user or third party conduct.
iii. To the extent ChaChing and any Payment Card Network or Supplier is by virtue of law, these Terms, or otherwise found to have any liability in connection with the Site or the Services, liability shall be limited to resupply of the Services and in case of any losses or damages (whether in contract, tort, or otherwise) not otherwise excluded by these Terms total liability will not exceed the total amount of the fees or payments paid by User to ChaChing under the disputed transaction, provided User has not has any contributing responsibility or otherwise fraudulent or illicit activity or acted other than in good faith.
v. Content of the Site, including, e.g., Listings by Advertisers and merchants, is uploaded, downloaded, provided, or posted by users or third parties for access and use by other users. ChaChing only collects, arranges and displays such content through the Site in accordance with set protocols and procedures making it available for review by other users. We take reasonable steps to provide the Services in a secure, timely, accurate and complete manner. You understand that we cannot and do not guarantee or warrant that files linked to or available for downloading from the internet or the Site will be free of viruses or other destructive code. Further, ChaChing facilitates transactional communication between and among users but has no part in such communication other than to administer promotions, rebates, cash-back, rewards or awards related to such transactions in accordance with these Terms.
vii. User shall bear all risks and responsibilities of buying goods or services in connection with advertisements or promotions linked through the Site, and ChaChing shall not be responsible or liable for any transactional risks, actions, undertakings, responsibilities or labilities.
viii. You agree to defend, indemnify and hold harmless ChaChing, its affiliates, officers, employees, Payment Card Networks, Supplier, and partners arising from or in any way related to any third party claims relating to from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your wilful or grossly negligent violation of these Terms of Service or Your use of the Site or Services other than as expressly authorized in these Terms of Service, Your failure to adhere to returns, refund or sale reversal procedures, Your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on the indemnified party: (a) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat thereof; and (b) in case of a third party claim, cooperating with You in the defence or settlement thereof.
ix. The disclaimer of warranties, limitation of liability and indemnification provisions set forth herein shall apply to the fullest extent permitted by law.
i. In case of a dispute between or amongst You and other users or third parties in connection with, or arising out of, access or use of the Site or Services, You may in your discretion seek a resolution of the dispute by the ordinary courts in the appropriate jurisdiction in accordance with your transactional agreements.
ii. You agree that ChaChing shall in no case be a party to such dispute save only where ChaChing in its sole discretion determines to join a legal action in which case ChaChing may in its sole discretion determine the nature and terms on which it may join the legal action. ChaChing shall in no case be a formal arbiter of such dispute and shall not have any obligation to participate in, assist or otherwise join a dispute between or amongst You, users or third parties or legal proceedings in connection therewith. In case ChaChing in its sole discretion determines to participate in dispute resolution proceedings, the sole forum shall be the ordinary courts in Delaware unless ChaChing otherwise consents in writing.
iii. You agree and guarantee that You will not constitute or join legal proceedings, or otherwise claim liability, against ChaChing or its affiliates in connection with any transactions between or amongst You and other users or third parties resulting from the use of the Site or the Services.
i. Any dispute or claim arising out of or in connection with these Terms shall be governed by and construed in accordance with English law. If you are resident in a country other than the United Kingdom, we may choose to seek interim relief or enforce any judgement in that relevant country. With respect to any disputes or claims not subject to arbitration, you agree to submit to the personal jurisdiction of the commercial courts located in London, United Kingdom with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.
ii. By using the Site or Services is site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against The ChaChing, Inc and/or its parent, subsidiaries, affiliates and each of their respective current or former members, officers, directors and employees (all such individuals and entities collectively referred to herein as the “”) arising out of, relating to, or connected in any way with the Site or the Services, determination of the scope or applicability of this agreement to arbitrate, including any competence matters, will be resolved exclusively by final and binding arbitration conducted in accordance with the rules of the London Court of International Arbitration before one Arbitrator mutually agreed to by the Parties, and if the Parties are not able to reach agreement on the Arbitrator within Fourteen (14) Business Days from first Party’s proposal of an Arbitrator to the second Party, then the Arbitrator shall upon a request by either Party, be finally appointed by the Chairperson of the Chartered Institute of Arbitrators, London Branch at the time. The competence of the members of the arbitration tribunal shall be agreed within the context of the abovementioned rules. The arbitration will be held in London (United Kingdom) with the proceedings being in English. The award of the Arbitrator shall be final and binding on the Parties. Each of the Parties shall bear its own cost of preparing and presenting its case. The costs of the arbitrator shall be shared equally between the Parties. Notwithstanding the above provisions, either Party has the right to obtain timely injunctive relief from the courts. ChaChing may continue with the operations of the Site and the Services the existence of the dispute notwithstanding. The arbitrator shall not have the power to award punitive damages against You or any ChaChing Entity; in the event that the administrative fees and deposits that must be paid to initiate arbitration against any ChaChing Entity exceed GBP125, and You are unable (or not required under the above rules) to pay any fees and deposits that exceed this amount, ChaChing may in its sole discretion agree to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ChaChing may in its sole discretion pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
iii. You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any claim in connection with the Site, Services or Terms. Claims may not be arbitrated on a class or representative basis. You and ChaChing hereby waive any right to a jury trial of any claim.
iv. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR CHACHING WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
i. If any provision of these Terms is finally found to be invalid or unenforceable by the competent courts, the remaining provisions of the Terms shall remain valid except that such provision shall be interpreted in a manner closest meeting the risk allocation originally intended and, only where such is not possible, be removed from the Terms.
ii. You may not transfer or assign any of the rights or obligations contained in these Terms as they pertain to you. ChaChing may at any time assign or transfer all or part of the Site or Services and Terms, including accounts connected thereto, to a third party without User’s consent if ChaChing in its sole discretion deems it desirable or necessary for its business.
iii. Any time allowed or indulgence or leeway given by ChaChing in exercising any right, power or privilege in connection with these Terms shall not constitute a waiver hereunder, nor shall any single or partial exercise thereof preclude any further exercise of any right, power or privilege. Any cause of action or claim you may have arising out of or relating to these Terms or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
iv. Nothing in these Terms shall be interpreted to create any agency, appointment, employment, joint venture, or franchise. You agree that there are no third parties that have an interest in these Terms.
v. ChaChing operates the Sites and the Services in the United Kingdom. ChaChing may, however, at any time employ third party service providers and Suppliers located in, or third party content generated in, third countries in which case ChaChing may transfer data (in accordance with ChaChing’s privacy policies and privacy statement and other relevant policies) or receive and store User, Site or Service data and operate processes in such countries including customer and other services.
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I have read and herewith these Terms of Service