Terms and Conditions
Overview
The services provided by www.EarnBazaar.com are being facilitated by Provista IT Solutions Pvt. Ltd. (“We”, “Us”, “EarnBazaar” 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). Please read these terms and conditions carefully as they contain the legal terms and conditions that you agree to when you use the service provided by us through this Website or any App associated with it.
Affiliated Program
Affiliate membership is available through registration process after you submit certain requested information to EarnBazaar. Our current Terms and Conditions are available on same portal for your perusal. Please be aware that a registered affiliate of EarnBazaar is not allowed to run any paid ads on Google, Facebook or any other platform pointing to EarnBazaar. Violation of this policy would result in in immediate termination of his/her account.
Services
Our Service allows users who register on the Platform (“Members“) and therefore create an account with us (“Account“) to earn profit on tracked purchases from customized links shared by Members on their personal networks from retailers on the Platform (“Retailers“). To qualify for profit, the Retailer must confirm that the Member’s purchase through the customized link is tracked, genuine and successful (constituting a “Qualifying Transaction“). Members can share these customized EarnBazaar links with their friends, family and so on. When any Qualifying Transactions are generated through these links and EarnBazaar receives commission fee for these Qualifying Transactions from Retailers, EarnBazaar will pay Members “Profit” for sales generated via their customized EarnBazaar links. Please note that if for any reason whatsoever, EarnBazaar does not get paid commission from Retailers for Qualifying Transactions, then no Profit is due to the Member as well.
In the event that the Retailers do not track a transaction using their affiliate tracking system, then such sales might not be paid to EarnBazaar, and hence any due or expected profit from these sales will also not be paid to the Member.
Membership
As a condition to Your use of the Platform, You must be 18 (eighteen) years of age or older; and by visiting the Platform or accepting these Terms and Conditions, You represent and warrant to EarnBazaar 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 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 Cheque payment details or other payment mode details into which you wish to receive payments (your “Profit Receipt Method“), you (a) must ensure that you are, and remain, fully entitled to use that profit Receipt Method, and (b) confirm that you wish to receive profit through that Profit Receipt Method. You should keep this information updated through your Account. Please note that Profit payments by Cheque may carry an additional fee to cover for administrative costs.
Generation, collection and dissemination 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 affirming assent to this Policy by clicking on the “I agree with Terms and Policy” button at the time of registration, the User provides consent to such information generation and collection as required under applicable laws. We may also be required to share this data with our retailer partners for the purpose of their risk analysis and any other statutory requirements. By clicking on the “I agree with Terms and Policy” button you allow us to share your data and information with the retailer partner.
Note that your Profit Receipt Method (such as NEFT, Cheque, Gift Cards or other payment modes as We may introduce) may have rules about the maximum or minimum payment that you can receive through that Profit 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 messages there. If you change email address or mobile number, then you must change the details we hold for you on your Account.
Profits
After a Member successfully completes a Qualifying Transaction, and once we have received the resulting Profit for that Qualifying Transaction, we pass that Profit to the Member through his/her Profit Receipt Method.
Please note that there are various circumstances in which a transaction with a Retailer may not constitute a Qualifying Transaction, or Profit may not result from it. 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 profit offer illustrated on our Platform may be incorrect. 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 profit by the Member and the actual Profit 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 Profit payment will not be made. Apart from the Retailer, it is also mandatory for the members to intimate EarnBazaar about any returns or exchanges for which they might have earned Profit unduly.
Whether a transaction shall qualify as a Qualifying for Profit Transaction (including Profit 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 error 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 is final. Whilst we will try and recuperate missing commissions, at any point 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 Profit for the transaction, the Member will not receive any Profit.
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 NEFT, Cheque, Gift Cards or any other payment modes as We may introduce from time to time. In all such incidences, EarnBazaar has the right to recover all unduly paid profit which the member is not entitled to earn, through legal proceedings.
Member Account
You can withdraw your validated profit when you have at least INR 100 in your Account. In the event the Member decides to close the Account with us, and if at such time of closure, the validated Profit in your account is less than INR 100 then the entire amount will be forfeited. If the validated Profit in your account is Rs 250 or above, then you can request payment of the same via any of the Profit Receipt Methods. Profit payments by Cheque may carry an additional fee. This is charged by our Bank to cover administration and postage costs. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement. We, though honor all possible ways of profit disbursement, may decide on the convenient mode of payment and refuse to carry a specific method of payment demanded by member.
Intellectual Property
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. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the 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 to us a non-exclusive license (including the right to grant sub-licenses) to use, reproduce and distribute that material through our Service and any other interactive services through which we or our sub-licensee make the Service (or a service based on our service) available; and 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.
Privacy
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.
Our Role
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 the quality, safety, or legality of those goods or services available from Retailers; or 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.
Misuse
We reserve the right to suspend or terminate any Members access to our service, or parts of it, if in our reasonable view the relevant Member or Account appears to be in breach of any provision of this Agreement.
Members must not enter into, or attempt to enter into, any transaction with a Retailer or to gain Profit by providing personal information of someone else, or a payment method which they are not entitled to use, by deceptively or unfairly exploiting a Retailers’ offering including but not limited to creating fake or unauthorized referral links, in breach of any terms and conditions applied by us or the Retailer to that transaction. We reserve the right to forfeit any pending payments or validated payments in the Member’s Account in case of such misuse of our service by the Member.
It is each Member’s obligation to ensure that any material posted by him/her or associated with his/her Account:
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, copyright, trademark and privacy);
e. does not breach the rights of any person or entity (including any rights or expectations of privacy);
f. where it constitutes feedback on a Retailer, is accurate and fair; and
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 fraud in use of the Platform or our Service or misused the Platform or the Service, their Account will be closed, email and IP address will be blacklisted so they cannot use it again and cannot register from the same PC.
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.
Contact from third parties
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree to provide all reasonable information and assistance we may require in connection with responding to that contact; and to respond promptly and accurately to it, should we pass the message to you for a response.
Additional services
We or our partners may offer new or additional services through the 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.
Operation of our Service
We reserve the right to withdraw, modify or suspend aspects of the 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 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 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 Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the 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.
Disclaimer and Limitation of Liability
Disclaimer: 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 us 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.
Liability: We warrant that the Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Service, but we cannot and do not guarantee that the Service will meet your requirements. 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.
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 EarnBazaar 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.
i. 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 (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 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.
The provisions of this Clause 14 shall survive the termination or expiry of this Agreement.
Third Party Content
Third party content and materials may appear on the Platform or may be accessible via hyperlinks from the Platform. We are not responsible for and assume no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content and materials appearing on the Platform or accessible via hyperlinks from the Platform.
Communications
You hereby expressly agree to receive communications by way of SMS, e-mails, mobile app and browser notifications, and any other messages from time to time from EarnBazaar relating to Services provided through the Website.
Indemnity
You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a Retailer.
Assignment
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without our written consent assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
Changes to this Agreement
We reserve the right to change this Agreement from time to time, and post the new version on the Service. When we do so, we will post the new version of the Agreement on the Service, and the new version of these terms and conditions will take effect, and will govern the Service and your relationship with us:
a. commencing no less than three days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use our service or
b. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you – examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.
General
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and us are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Governing Law
This Agreement, and our relationship with you and each Member, is governed as per the Indian Laws. You and we each submit to the non-exclusive jurisdiction of the Indian courts in relation to disputes arising in connection with this Agreement.
We don’t separately file the individual Agreements entered into by Members when they register for the Service. You can access it at www.EarnBazaar.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 ‘support@EarnBazaar.com’.