"Website/ Site" or "www.cashmall.in" means the online platform owned and operated by Cashmall, which provides a venue to the Users to find and use coupons, deals, discount offers on hundreds of online affiliate stores. Users even earn cashback on shopping from some of the affiliate stores. "Vendor" / "seller" / "affiliates" shall mean the person or any legal entity who offers for sale, sells, displays, the deals/ Coupons on the online platform provided by their respective website and delivers the ordered products to the customers.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on goods/services by placing an order for and or purchases any deal/ Coupons offered for sale on affiliates.
"User/You/ Your" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site and any person who access or avail this site of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the Site.
The term "We", "Us", "Our" shall mean the Company.
"Product/s" connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
This Website is only a venue where Users may meet and interact with one another for their sale and purchase transactions. Therefore, Cashmall acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services including after sales services related to products and services, etc., over which the seller has complete control and the same may be subject to change.
You agree, understand and acknowledge that www.cashmall.in is an online platform, a venue enabling the users to buy any highly curated list of deals, coupons and extra discounts by means of cash back. Once a User chooses the most appropriate deal through the Website, they are automatically redirected to the concerned Merchant’s website where the User can purchase the products on which the offer is applicable. For some of these Merchants, we are able to track your purchase and in such cases we share a part of the commission with you. This is reflected in the User’s account on Cashmall once the purchase is confirmed by the merchant.
Providing of cash back is solely dependent on confirmation of the purchase by the Merchant. You hereby acknowledge and agree that in case of failure of confirmation of a purchase by a Merchant or non-payment of commission by the Merchant to Cashmall, Cashmall may refuse to credit any form of cash back to User Account.
You further agree and acknowledge that the Site is not involved in any sale and purchase of goods/products and cannot warranty the quality and merchantability of the goods purchased utilising the deals/ coupons purchased. Cashmall is only a facilitator, an intermediary and is not and cannot be a party to or control in any manner any transactions between the Vendor/Seller and the Customer/Buyer. Cashmall shall neither be responsible nor liable to mediate or resolve any disputes or disagreements between the Users and the Vendors.
Cashmall shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products. Cashmall does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on Website.
You further agree and undertake that you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. Cashmall accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Cashmall shall not be responsible and shall not be responsible for any non-performance or breach of any contract entered into between Users.
Before placing an order you are advised to check the Deal description carefully. By placing an order for a Deal you agree to be bound by the conditions of sale included in the Deal’s description.
The agreement between you and Cashmall is subject to the following terms and conditions:
Third Party Information
The content on the Website which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is a combination of Third Party content and Our content. We have no control over such third party user generated content as We are merely an intermediary for the purposes of this Terms of Service. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the User shall be solely responsible for any loss caused and We shall not be liable. You may send us an email at contact@Cashmall.in to report any such content.
The use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
Reviews, comments and other User Content
We have the right to upload content on behalf of third parties, subsequent to collecting such information and verifying it if we deem it necessary. Notwithstanding this, We can in no way be held liable for any false or misleading information.
Users of our website may post reviews, comments and other content; as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". In case a User uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content, Cashmall the right to remove, refuse, delete or edit any content that violates these Conditions of use and, or terminate your permission to access or use our website.
In the event a Deal/Coupon is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or contents of Deal/ Coupon information received from our channel partners or suppliers, Cashmall shall have the right to refuse or cancel any orders placed for deals/ Coupons listed with incorrect price or information. Cashmall shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit/debit card charged. If your credit/debit card has already been charged for the purchase and your order is cancelled, Cashmall shall issue a credit to your credit/debit card account in the amount of the charge.
In order to facilitate payments for deals/ Coupons purchased by You through Website, Cashmall offers an online payment gateway facility that will facilitate You to make payments in respect thereof to Cashmall using net banking, credit/debit card account or any other mode acceptable and made available to the users from time to time, subject to Your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the website of the payment gateway service provider/s.
Credit card details
You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for deals/ Coupons purchased through Website, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by Cashmall with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You. Cashmall will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.
Membership cannot be availed of by those who are deemed Incompetent to Contract under the Indian Contract Act, 1872 subject to the aforementioned conditions.
User may also choose to link your social network profile of Facebook and Google+ with us and use that as the login credentials. Cashmall shall use the same to retrieve certain details from them including name, birthday, gender, location, email ID and access Your friends’ list. However Cashmall shall not post anything on User’s behalf without User’s permission.
Registration of the User on the Website is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under ID and Password for any purpose whatsoever without proper authorization from such party. User are responsible for the security of User's password and for all transactions undertaken using User's password through our service. User confirms that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. Cashmall will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of user's ID/password/credit card number/account details number for using Cashmall’s Services.
The user also agrees and undertakes to immediately notify Cashmall of any unauthorized use of the user's password or user ID and to ensure that the user logs off at the end of each session at the website. Cashmall shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
The membership of this Website is free of cost and this includes only the browsing of the Website. You hereby understand that this no charge policy may be amended at any time in the discretion of the Website and the Company. The User also agrees to:
You are a restricted user of this Website.
You agree that you shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that
You shall indemnify and hold harmless to Cashmall and (as applicable) Cashmall's parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the use of User's actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfilment of any of its obligations under this Agreement or arising out of the User's infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, Confidentiality obligations, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.
Disclaimer OfWarranties/Limitation Of Liability
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
USER ACKNOWLEDGES THAT THROUGH THIS SITE, CASHMALL MERELY ACTS AS A FACILITATOR, IN ORDER TO FACILITATE HIGHEST QUALITY SERVICES TO THE USERS. CASHMALL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, BUT SHALL ENDEAVOUR TO ENSURE USER FULLEST SATISFACTION.
CASHMALL IS NOT LIABLE FOR ANY CLAIMS AGAINST LACK OR DEFICIENCY OF SERVICES; NON-FULFILLMENT OR UNSATISFACTORY FULFILLMENT OF PRODUCTS AND SERVICES PURCHASED BY USER FROM THE THIRD PARTY. THUS, CASHMALL SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY ASPECT OF THE ARRANGEMENTS BETWEEN THE USERS OF THE SITE AS REGARDS THE STANDARDS OF PRODUCTS AND SERVICES. IN NO EVENT SHALL CASHMALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE PRODUCTS AND SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA; (D) ANY OTHER MATTER RELATING TO THE SERVICES; INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE.
CASHMALL.IN SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND CASHMALL'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU ALSO UNDERSTAND WE ARE UNDER NO LIABILITY TO PROVIDE CASH – BACK FOR ANY DEAL YOU UTILIZE FROM OUR WEBSITE. CASH BACK IS A REWARD SCHEME WHICH IS SUBJECT TO VARIOUS TECHNOLOGICAL AND COMMERCIAL CONDITIONS. IN THE EVENT, THE CASHBACK IS NOT TRACKED BACK TO YOU OR IN THE EVENT, WE DO NOT RECEIVE ANY COMMISSION FOR A PARTICULAR DEAL, YOU UNDERSTAND THAT WE SHALL NOT BE LIABLE FOR ANY NON PAYMENT OF CASH-BACK.
YOU MAY REDEEM THE CASHBACK ONLY IN ACCORDANCE WITH THE WITHDRAWAL RULES PRESCRIBED BY US FROM TIME TO TIME.
THIS CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Cashmall and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Cashmall and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Cashmall and its agents as their agent for this purpose.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Communication with Users
Your continued use of this site means that Cashmall has your consent to send periodic communication regarding use of this site or Products offered through the Website or any of our subsidiary products and services. This communication can be through different media at Cashmall disposal (e.g. e-mails, promotional SMS, Push Notifications etc.) Cashmall reserves the right to communicate with users regarding the use of site or any product or service purchased on this site, or any of our subsidiary products or services.
When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
Cashmall.in shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
Our failure to insist upon or enforce your strict compliance with the Agreement will not constitute a waiver of any of our rights.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Mumbai.
We reserve the right to change these Terms of Service at any time in its discretion and to notify users of any such changes solely by changing this Terms of Service. Your continued use of the Website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Your use of this Website prior to the time this Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use.
We may modify, suspend, discontinue or restrict the use of any portion, including the availability of any portion of the Content at any time, without notice or liability. We may deny access to any person or user at any time for any reason. In addition, we may at any time transfer rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires the Company or any of their assets.
Notice of Copyright Infringement
Cashmall.in is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. Any complaints, abuse or concerns with regards to content and or comment or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature addressed to Grievance Officer at firstname.lastname@example.org or write at the following address:
Mr. Kalpesh Runwal
429 Laxmi Mall, Laxmi Industrial Estate,
Andheri West, Mumbai - 400053 India
Request you to please provide the following information in your complaint:-