Thank you for visiting
www.babalcash.com .Nepal 1st
Cashback Site www.babalcash.com. The Cashback Service is operated by Gadhimai
Technology (“We”, “Us”, “babalcash” or “Our” where such expression shall unless repugnant
to the context thereof, be deemed to include its respective legal heirs,
representatives, administrators, permitted successors and assigns). By using
the various services available on the Babalacsh Platform (“Services”), you
consent to these terms, guidelines and supplemental terms provided to you for
the Services that you use (collectively, “Terms”) and Babalcash efforts to
improve every User’s experience on the platform. Please read these terms and
conditions (“Terms and Conditions” or “Agreement”) carefully as they contain the legal
terms and conditions that you agree to when you use the service provided by us
through the Website ( “Website”).We
will also notify our registered members of material changes (if any) to these
terms and conditions by either sending a notice to the email address provided
to us at the time of signing-up or by placing a pop-up on our website. Be sure
to visit this page periodically to review the most recent version of the
Agreement.
Our membership is available through
registration process after you submit certain requested information to
Babalcash. A user must read and click on the checkbox to accept the prevailing
Terms and Conditions which the User needs to adhere to while availing Our
services.
Please be aware that a member of Babalcash is
not allowed to run any paid ads on Google, Facebook or any other platform
pointing to Babalcash. If the member does not comply with this then it would
result in immediate termination of his/her account.
You shall not use
Babalcash Platform to purchase anything to resell for commercial or business
purposes, to derive any financial gain. Pouring Pounds also reserves the right
to block/ terminate the User's account on Babalcash Platform without any prior
notice if, based on its risk management criteria, it reasonably believes
that Babalacash Platform is used for any
nonauthorized purposes.
Babalcash
Service:
A transaction is termed to be a qualified
transaction where, the user is redirected by babalcash to the Retailer’s
platform /Website making a valid and subsisting purchase afterwhich the
Product/service is duly delivered, and the refund/return period has also
expired.
In the event that the Retailers do not track a
transaction using their affiliate tracking system, then such sales might not be
paid to babalcash, and hence any due or expected cashback from these sales will
also not be paid to the Member.
The Babalcash Service
also provides a unique referral fee to its Members where the Existing Members
(referrer) gets 10% (Ten percent) cashback on each new Member’s (referee)
introduced by them in the manner provided on the Platform (“Qualifying
Referral”) as long as they
remain a Member themselves. The referee, transacting at specific
stores/retailers, may not make the referrer qualify for the 10?shbacks.
Please see Clause 5 below for details
Babalcash complies to stringent laws of the land and the
Members are obliged to stick to the lawful use of our website. We are
persistent to enhance our referral programme and we retain the right to modify
any referral programme terms at any time and without notice.
If You are a natural
person, (i) as a condition to Your use of the Platform, You must be 18
(eighteen) years of age or older; and (ii) by visiting the Platform or
accepting these Terms and Conditions, You represent and warrant to Babalcash that You are 18 (eighteen) years of age or
older, and that You have the right, authority and capacity to use the Platform
and agree to and abide by these Terms and Conditions; provided however that if
You are a parent or legal guardian of a person younger than 18 (eighteen) years
of age, You are permitted to access and use the Platform for the purposes of
procuring the Services, on behalf of such persons. You must register for the
Cashback Service using accurate and current information about yourself –
including your correct name, address and any other requested details. If you
are asked for, and provide, details of a bank account, or other payment mode
details through which you wish to receive the pay-outs (your “Cashback Receipt Method”), you (a) must ensure that you are, and
remain, fully entitled to use that Cashback Receipt Method, and (b) confirm
that you wish to receive cashback through that Cashback Receipt Method. You
should keep this information updated through your Account. We reserve the right
to discontinue or temporary put on hold any payment methods listed on Our site,
be it Bank Transfer or Wallet/Gift Card.
Generation and
collection of ‘Sensitive Personal Data or Information’ is in accordance with
Information Technology Act, 2000 as amended from time to time and allied rules
requires the User’s express consent.By clicking on the “I agree with Terms
and Policy” button at the
time of registration, the User provides affirming assent to such information
generation and collection as required under applicable laws
Note that your Cashback Receipt Method (such
as Bank Transfer, Gift Cards/ Wallets, other payment modes as We may introduce
in the near future) provides a minimum Cashback threshold limit that a User
needs to reach or attain in order to withdraw & receive Cashback through
the opted Cashback Receipt Method.
Important: You must ensure that the email
address and mobile number we hold for you is kept up-to-date and that you have
full access to it – We will be sending you important updates via text messages
& Emails , App Notifications and in some cases via WhatsApp. If you change
your email address or mobile number, then you must change the details we hold
for you on your Account.
After a Member successfully completes a
Qualifying Transaction, and once we have received the resulting Cashback/Reward
for that Qualifying Transaction, we pass that Cashback/Reward to the Member
through his/her Cashback Receipt Method.
Please note that there are various
circumstances in which a transaction with a Retailer may not constitute a
Qualifying Transaction, or Cashback/Rewards may not result from it. This is
also true for a Qualifying Referral. The Member understands that all transactions
made by him/her are not with us, but with the individual Retailer. Our help
pages provide further information about these circumstances. Further, from time
to time Retailers may increase or decrease the commission paid – in which case
the cashback/Reward offer illustrated on our Platform may be
incorrect/outdated. By default, your applicable transactions will be credited
in line with the commission reported to us by the Retailer, which may be more
or less than the advertised rate. We shall not be liable for any difference in
the expected cashback/reward by the Member and the actual Cashback/reward
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/reward payment will not be made. Apart from the
Retailer, it is also mandatory for the members to intimate CashKaro about any
returns or exchanges for which they might have earned cashback/reward unduly.
Whether a transaction shall qualify as a
Qualifying Transaction (including cashback through a Qualifying Referral) shall
be at the sole discretion of the Retailer or Us and the Member understands and
agrees to the same. We shall not be held responsible if the Retailer fails to
report a sale to us or does not qualify a transaction as Qualifying
Transaction. Further, we shall not be responsible in the event due to some
technical or other errors we cannot trace a sale back to the Member and does
not qualify the transaction as a Qualifying Transaction or a Qualifying
Referral for any reason whatsoever. Whilst we will endeavour to recuperate
non-payments from the Retailer, the decision of ourselves, the Retailer or
Retailer’s tracking agent shall stand final. Whilst we will try and recuperate
missing commissions, at any point as well as, we reserve the right not to chase
missing commission claims, particularly where no purchase has been made.
Further, in the event that the Retailer feels
that the purchase is not genuine for any reason whatsoever and we do not
receive any Cashback for the transaction, the Member will not receive any
Cashback.
When a Member sends us an enquiry on missing cashback
via raising a ticket, our system would check if the user had an exit click from
our Platform for that store on the date mentioned by the user. If no exit
clicks can be tracked, then the Member will be indicated 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/reward 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 raise a query 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/Reward is only applicable in instances where the Retailer pays
Babalcash.
Note: The User raising or intending to raise a
ticket in case of an enquiry of missing cashback/ reward shall raise the same
within 10 (Ten) days from the date of the transaction. No claim shall be
entertained by any registered User post the stipulated time-line.
We reserve the right to reclaim or make
balance adjustments accordingly where it has been established that any credit
has been applied in error. This will include but is not limited to transactions
where the credit is not genuinely due or payment for any credited transaction
has not been received from a Retailer or its agencies and/or misuse or fraud.
This can include transactions which are already marked as payable or validated
in your Account, or for transactions which have already been paid over to you
by Bank Transfer, Gift Cards/wallets any
other payment modes as We may introduce from time to time. In all such
incidences, CashKaro has the right to recover all unduly paid cashback which
the member is not entitled to earn, through legal proceedings.
The User while raising a pay-out request,
shall ensure choosing the withdrawal method (Bank Transfer, Gift Card/wallet, etc.) containing the correct credentials and
if the customer provides incorrect details and we process the pay-out(s), we
shall not bear any liability against the same. Such, negligence shall be seen
as the User’s error.
There are various circumstances in which
Cashback/Rewards will not be payable to the Member, and will be forfeited by
us, these could be, without limitation:
a.
where the
cashback/reward payment that we receive is not attributed to a Qualifying
Transaction or associated with an Account (such as where the Member is not
logged-in to our Platform when making the relevant purchase)
b.
the transaction to
which the Cashback/reward relates is cancelled after it has been entered into
(whether under the right of cancellation that applies to some sales made at a
distance, or otherwise) the Cashback attributed to a Member or Account that has
been:
i.
suspended by us under
Clause 9 of this Agreement or for any other reason;
ii.
associated with any
fraudulent activity or any breach of this Agreement;
Our help pages provide further information
about these circumstances.
You can withdraw/redeem your validated
cashback when you have attained the
minimum cashback threshold in your
Account. In the event the Member decides to close the Account with us, and if
at such time of closure, the validated Cashback in your account is less than the minimum
threshold limit set for your account then the entire amount will be forfeited. If
the validated Cashback in your account
is touching or is more than the minimum threshold limit set for your account,
then you can request payment of the same via any of the Cashback Receipt Methods.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
Platform (including the material which is contributed by Members or Retailers)
are owned by, or licensed to, Us. Copying material from our portal may seem
easy but is illegal and strict actions would be taken against the User/visitor
under applicable laws.Therefore, no-one may copy, distribute, show in public or
create any derivative work from the Platform, or any of the material which is
found on the Platform unless properly licensed to do so by Us.
By uploading or including any material on the
Platform, a Member expressly grants:
a.
to Us a non-exclusive
license (including the right to grant sub-licenses) to use, reproduce and
distribute that material through our Cashback/Reward Service and any other
interactive services through which we or our sub-licensee make the
Cashback/Reward Service (or a service based on our service) available; and
b.
to other Members
(through us, under the license referred to in a. above), the non-exclusive,
personal, non-transferable right to view the relevant material.
Our Privacy Policy forms part of this
Agreement, and by entering into this Agreement you also give your consent to
the way we handle your personal data under that policy. Given the global nature
of the World Wide Web, please note that a posting on the Platform may be
accessible to internet users around the world.
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:
a.
the quality, safety,
or legality of those goods or services available from Retailers; or
b.
whether the Retailer
can or will supply and pass good title to any goods or services.
Members should exercise no lesser degree of
caution in entering into transactions with Retailers than they would when
entering into a similar transaction offline. To the extent that the Applicable
Law permits, You release Us, Our Agents and employees from all liability
arising out of or in connection with any transactions with Retailers, including
(without limitation) all claims and demands relating to uncompleted or
completed transactions with Retailers, or goods or services offered for sale or
supply, or actually sold or supplied, through or in connection with any
transactions with Retailers.
We reserve the right to suspend or terminate
any Members access to our service, or parts of it, if in our reasonable view
the said 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/Rewards (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 from 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:
a.
is not defamatory,
offensive, or abusive or of an obscene, indecent or menacing nature;
b.
is not intended or
likely to cause needless annoyance, inconvenience or distress to any person;
c.
does not contain any
computer virus, macro virus, Trojan horse, worm, or anything else designed to
interfere with, interrupt, or disrupt the normal operating procedures of a
computer or to surreptitiously intercept, access without authority, or
expropriate any system, data or personal information;
d.
does not contravene
the Applicable Law or regulation (including, but not limited to, laws governing
consumer protection, distance selling, unfair competition, anti-discrimination,
false advertising, information technology, copyright, trademark and privacy);
e.
does not breach the
rights of any person or entity (including any rights or expectations of
privacy);
f.
must be accurate and
fair in relation to the feedbacks of Retailers
g.
does not advertise any
goods or services.
Notwithstanding anything contained elsewhere
in this Agreement and the Privacy Policy, we reserve the right to investigate
complaints or reported violations of this Agreement and to take any action we
deem appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to your Account, email addresses, usage history, posted materials, IP
addresses and traffic information. Any Member, who in the sole discretion of
the Retailer or Us, has committed any kind of fraud or has misused Our Platform
or our Cashback/Reward Service their Account will be closed with immediate
effect and the,registered , Email and IP address will also be blacklisted
thereby discontinuing the Member to use or register with the same credentials
or IP address in the near future.
If You see or experience anything on Our
Platform 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:
a.
to provide all
reasonable information and assistance as required by Us,in connection with
responding to that contact; and
b.
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 thise Platform 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 Platform 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/Reward Service, or the entirety of it, where we
have legal, security, technical or commercial reasons to do so. We will
endeavour to give You 30 (Thirty) 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/Reward 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/Reward Services or
any of the content that appears on it.
Nevertheless we shall inform the Users about
service unavailability, system maintenance or server down on our Portal and
shall keep such situations to arise to the bare minimum.
Nevertheless, We shall strive to ensure that
any periods or situations such as service unavailability, system maintenance or
server down would be pre-informed to the Member and shall strive to keep such
situations to arise to the minimum in order to avoid the Members coming across
any hurdles while availing Our services.
For security or other reasons, we may require
you to change or update password or other information which facilitates access
to the Cashback/Reward Service; however, we will never ask you for Your
password via email, telephone, or any other means other than through the
Platform. You are solely responsible for maintaining the confidentiality of
your password and any additional identifying information.
The content and material from or through the
Platform are provided “as-is,” “as available,” with “all faults”, and all
warranties, express or implied, are disclaimed (including but not limited to the
disclaimer of any implied warranties of merchantability, non-infringement,
freedom from error, and fitness for a particular purpose). The information and
services may contain bugs, errors, problems or other limitations. We and Our
affiliated parties have no liability whatsoever for Your use of any information
or service, except as provided in sub-section 13(d). In particular, but not as
a limitation thereof, We and Our affiliated parties are not liable for any
indirect, special, incidental or consequential damages (including damages for
loss of business, loss of profits, savings, litigation, or the like), whether
based on breach of contract, breach of warranty, tort (including negligence),
product liability or otherwise, even if advised of the possibility of such
damages. The negation and limitation of damages set forth above are fundamental
elements of the basis of the agreement between CashKaro and you. This Platform
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
Platform or otherwise shall create any warranty, representation or guarantee
not expressly stated in this Agreement. All responsibility or liability for any
damages caused by viruses contained within the electronic file containing a
form or document is disclaimed.
a.
We warrant that the
Cashback/Reward Service will be provided with reasonable care and skill with
the intention of meeting our specifications for the Cashback/Reward Service,
but we cannot and do not guarantee that the Cashback/Reward Service will meet
your requirements.
b.
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.
c.
Limitation of Liability: Subject always to sub-Clause d. below, we shall be liable
for direct loss or damage only, whether in contract, tort (including
negligence, breach of statutory duty or other tort) or otherwise, and whether
caused by its act or omission or that of its employees, agents or
subcontractors. The aggregate liability of CashKaro and the affiliated parties
in connection with any claim arising out of or relating to the Platform and/or
the products, information, documents and services provided herein or hereby
shall not exceed Rs 500 and that amount shall be in lieu of all other remedies
which you may have against us and any affiliated party to us.
d.
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
i.
(A) for any loss of
revenue, business, anticipated savings or profits; (B)any errors in or
omissions from the Platform or any services or products obtainable therefrom;
(C) the unavailability or interruption of the Platform or any features thereof;
(D) your use of the Platform; (E) the content and materials contained on the
Platform; (F) or any delay or failure in performance beyond our control or any
of our affiliated parties.
ii.
for any indirect,
special or consequential loss damage, costs or other claims, howsoever caused
or arising, whether through non-supply or late supply of the Cashback Service
or other non-performance of this Agreement or otherwise.
iii.
Except as expressly
stated elsewhere in this Agreement, all representations, warranties, conditions
and other terms, whether express or implied (by common law, statute, collaterally
or otherwise) are hereby excluded, except in the case of fraud, or where such
exclusion is not permitted by Applicable Law.
iv.
For the avoidance of
doubt, we will not have liability to you or any other person in respect of
material contributed by Members, transactions (or non-transactions) with
Retailers, or any activity or communication relating to such material or
transactions.
We don’t separately file the individual
Agreements entered into by Members when they register for the Cashback Service.
You can access it at www.babalcash.com. Please make a durable copy of this
Agreement by printing and/or saving a downloaded copy on your own computer. It
is offered in English only.
You can reach us on ‘info@babalcash.com’.