Terms And Conditions
Welcome to Shopibin.com
This User Agreement (“Terms of Service” or "Agreement") governs your use of the website www.shopibin.com ("Site”), Mobile apps ("App") and browser extensions (“Extensions”) provided by Shopibin.com, which utilizes commission-based affiliate marketing from our merchant partners ("Shopping Partners") for the provision of services as set forth hereunder in this Agreement.
This Agreement between Shopibin.com (hereinafter referred to as "We", "Us", "Shopibin" or "Our") and you (hereinafter referred to as "You", "Your" or "User") describes your rights as a User of the Site, App and the Extensions, and Our responsibilities to You as Our Users.
Before You can use our Site, App and Extensions and avail Our services, You must read, understand, accept and agree to abide by all the terms and conditions under this Agreement, including any future amendments or updates thereto.
YOU MUST AGREE TO THESE TERMS & CONDITIONS, ELSE DO NOT USE THE SITE
Your affirmative act of registering on our Site or installing our App or Extension constitutes Your acceptance to this Agreement and signifies that You agree to be legally bound by the terms of this Agreement. You are therefore advised to carefully read and understand the terms of this Agreement, by which Your use of the Site, App and Extensions shall be governed.
We reserve the right to alter, delete or modify any provision of this Agreement at any time. Please check the terms of this Agreement periodically for changes. Your continued use of the Site and Extension after the effective date of such changes constitutes Your acceptance to such changes. During the use of the Site or Extension, there would be certain rules, additional terms and posted guidelines which shall be applicable to particular services and features which shall be put up on the Site periodically and which will form part of the Agreement.
'Shopibin' and 'You', in the subsequent paragraphs of this Agreement, shall be individually referred to as the "Party" or collectively as the "Parties" as and when the context dictates. The term “Site” as referred to in this Agreement, in the subsequent paragraphs, shall collectively mean the Site, App and the Extensions offered by Shopibin. The term "Account" as referred to in this Agreement shall mean and include the Account held by the User with Shopibin (administered by a password) for using the Site.
This Agreement will be effective immediately from Your acceptance, to Our terms and conditions as signified by the creation of Your Account. This Agreement shall be enforceable against You like any other written agreement.
As a User of Shopibin, You have the ability to earn cashback for purchases made on Shopping Partners through Us, and any other rewards which will be given from time to time as various promotional programmes available through Our Site ("Shopibin Cashback"). This section identifies the manner in which You may earn Shopibin Cashback, the associated rights of the User and Our rights and obligations with respect to the Shopibin Cashback program ("Program").
The Program allows the Users to shop with Shopibin's Shopping Partners, and earn Shopibin Cashback. The Program is free to Users, and is conferred as a benefit of registration with Shopibin. You are under no obligation to participate or redeem Your Shopibin Cashback at a particular point of time. As a User, Shopibin Cashback is earned when You make a tracked and validated purchase from Shopping Partners. To qualify for Shopibin Cashback, the Affiliate Merchant must confirm that the User’s purchase is tracked, genuine, successful and validated (constituting a “Qualifying Purchase”). Some Shopping Partners may have special requirements to earn Shopibin Cashback. View the "Terms and Conditions" section on their individual store information page on Our Site for requirements and restrictions. Further, not all Shopping Partners listed on our Site participate in the Program. Shopping Partners are identified by a corresponding offer displayed with their store name.
The Program is offered for purchases made through the links on the Site as well as purchases made by the User personally by shopping in the Affiliate Merchant stores. Shopibin offers to You the luxury of choosing to shop online through our Site, App or our Extension. All that You would need is an internet access and a valid working e-mail address to receive the privileges of the Program if You desire to shop through Us. Members must be human, no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of the Program. You will be required to maintain only one Account with Us. Any duplicate Accounts will be subject to cancellation. Further, participation in the Program is limited to individuals that are eighteen (16) years of age or older. By agreeing to these terms, You also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Shopibin. Your refusal to abide by this or any other terms under the Agreement may, at the discretion of Shopibin, result in cancellation of Your referral bonuses and/or Your membership with Shopibin.
To be eligible to receive Shopibin Cashback, You must make a qualifying purchase. In order to make a qualifying purchase with Us, You must satisfy the following criteria:
- You must log on to the Site/App/Extension with Your email address.
- To use the Site, You would need to link to an Affiliate Merchant from the Site, add items to Your cart and accordingly complete Your transaction. The Shopibin link to an Affiliated Merchant must not be altered. An online purchase must be started and completed in one shopping session after the member associates with an Affiliated Merchant via Shopibin. If an online purchase is completed during a different shopping session, it will not be considered a qualified purchase. You must have cookies, both first and third party (if applicable), enabled on Your web browser.
- To use the Extension, You would need to go to an Affiliate Merchant, use Our Extension, add items to Your cart and accordingly complete Your transaction. Other Shopping Assistant Extensions need to be disabled before using our Extension as they may interfere with the tracking process. If such an Extension is used after using our Extension but before completing the transaction, it will not be considered a qualified purchase. You must have cookies, both first and third party (if applicable), enabled on Your web browser.
- Purchases must not be made by using coupons provided by any party other than Shopibin.
A purchase from an Affiliated Merchant for whom Shopibin does not offer Shopibin Cashback is not deemed a "qualifying purchase".
You would NOT be eligible to receive Shopibin Cashback or your transaction would not be termed a qualifying purchase if you satisfy the following criteria:
- You are under the age of eighteen (16) years, or of unsound mind or otherwise incompetent to execute this Agreement.
- When using the Site, You did not log onto the Site with Your email address, or You go directly to the Affiliate Merchant website without first visiting Our Site. Similarly, in using the Extension, You directly complete the transaction and did not use the Extension first.
- Specifically for the sign-up bonus whenever provided Shopibin Cashback, You have not made Your first purchase within 3 (three) months from becoming a User of Shopibin's services.
- When using the Site, You complete multiple transactions without returning to Our Site. To clarify, completing each transaction ends Your "cashback session" with Shopibin, and You have to start over to earn Shopibin Cashback on additional items.
- When using the Extension, You complete multiple transactions without using Our Extension for each transaction. To clarify, completing each transaction ends Your "cashback session" with Shopibin, and You have to start over to earn Shopibin Cashback on additional items.
- When using the Site - You type a new address (URL) in the window opened by the Site; or You click on any "special offers" or toolbars from other websites while shopping or You allow too much time to lapse between linking to the Affiliate Merchant and completing the purchase.
- When using the Extension, You use other shopping assistant Extensions before completing the transaction.
- You contact the Affiliate Merchant to change or cancel an order.
- You fail to abide by the restrictions imposed by an Affiliate Merchant.
- The Affiliate Merchant stated your transaction as unsuccessfully, invalid, incomplete, returned or unqualifiied and doesn't provide us the commission.
- You have been specifically notified by Shopibin that You, or certain purchases, are not eligible for Shopibin Cashback.
Determination of whether or not a purchase made through an Affiliate Merchant is a qualifying purchase is at Our sole discretion. Shopibin will not be responsible for tracking problems resulting from incorrect usage of the Program or the Site, disabling cookies, computer issues resulting from unknown causes such as third-party software/extension or other issues, Affiliate Merchant partner errors/omissions or from any other failure of tracking mechanisms.
Earning Shopibin Cashback
The appropriate Shopibin Cashback rebate will be posted to Your Account within 15 (fifteen) days of the date on which an Affiliate Merchant reports Your transaction to Shopibin.com. You can request a payment redeeming your Shopibin Cashback either online, or by emailing Us. You can view Your balance and history by logging in Our Site or by emailing Us.
Redemption of Shopibin Cashback
You may request to redeem Your earned Shopibin Cashback for Gift Vouchers from our partners through Your Account on Site. Shopibin Cashback has no cash value. You must check all the terms and conditions for a particular gift voucher before redeeming it. You are solely responsible for redeeming a gift vouchers for Shopibin Cashback. A gift voucher once redeemed can not be converted back to Shopibin Cashback or returned by you. Please note that there is no automatic or periodic redemption. You are responsible for any taxes that may be due on Shopibin Cashback redeemed by You in form of Gift Vouchers.
Shopibin Cashback awarded to You is subject to adjustments for returns and cancellations, and Shopibin's receipt of information and payments on such purchases/orders from Shopping Partners, and other events. Shopibin reserves the right to make adjustments to User's Account at any time in accordance with this Agreement. If You disagree with any adjustments made to Your Account, your sole remedy is to discontinue use of the Program. We are not responsible for changes to, or discontinuance of, any Affiliate Merchant, or any Affiliate Merchant's withdrawal from the Program, or for any effect on accrual of Shopibin Cashback caused by such changes, discontinuance or withdrawal.
Termination of Program
We reserve the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, You will have thirty (30) days to redeem your Shopibin Cashback from the date the notice is transmitted by Shopibin to the email address specified in Your Account, provided to Shopibin during Your registration with Us. We will not be responsible for failure to notify You of Program termination where such failure is caused by an inaccurate email address or Your failure to check Your mails.
You are responsible for maintaining accurate, complete and up-to-date information in Your Account at all times, including your legal name, electronic mail (e-mail) address, and any other information provided to us. All changes to this information must be promptly updated in Your Account on the Site. If any information provided by You is inaccurate, not current or incomplete, We retain the right to suspend or terminate Your Account immediately without any further notice. You are responsible for keeping Your Account details and password and all other information concerning Your Account confidential. Shopibin is entitled to act on instructions received under Your username and password. Shopibin is not responsible for any credits or debits made to Your Account by someone else who uses Your username or password. We will not be responsible for any losses or liabilities incurred through the use of Your password by a third party. You are also responsible for reviewing Your Account balance on a regular basis, and for ensuring that all Shopibin Cashback has been properly credited to Your Account. If a discrepancy occurs between Your purchase order with the Affiliate Merchant and Your Shopibin Cashback Account, then You must contact Us via Our customer support within thirty (30) days of the purchase/order date from an Affiliate Merchant. If You fail to contact Us within the said thirty (30) days period, such purchase/order shall be deemed to be accurate and You hereby waive any right to dispute said purchase/order.
DISCLOSURE OF ACCOUNT INFORMATION
You shall authorize Shopibin to disclose to third parties, information that You have provided, or information that Shopibin has obtained about Your Shopibin Account or shopping behavior:
- to Shopping Partners or to agents and licensors of Shopibin or its affiliates, such as independent auditors, consultants or attorneys;
- to comply with government agency or court orders or requests;
- in providing aggregated and non-personalized marketing services for an advertising or store partner, or
- where it is necessary for redemption or transfer of your Shopibin Cashback rewards
Further, You authorize Shopibin to receive any Account information from any Shopping Partners including, but not limited to information regarding purchases made, items searched for or added to Your shopping cart, products ordered, order number, the time and date the purchase occurred, and the email address or other details provided by You during the purchase. You agree to hold the Shopping Partners harmless for any information disclosed to Shopibin in this regard. You permit Shopibin to collect and use non-personalized marketing information regarding visits and purchases made from other internet commerce sites.
You can opt-out of receiving these messages that are not Account-related by either:
- following the unsubscribe link on any of the emails, or
- by sending an email to Us specifically unsubscribing to all such communications.
This Site contains robot exclusion headers. Much of the information on Site is updated on a real time basis and is proprietary or is licensed to Us by Our Users, Shopping Partners, or third parties. You agree that You will not exceed the limited access to the Site granted to You or use any robot, spider, scraper or other automated means to access the Site for any purpose without Our express written permission. Additionally, You agree that You will not:
- take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on Our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Program, including the Site, without the prior expressed written permission of Shopibin and appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
- bypass Our robot exclusion headers or any other measures that We may use to prevent or restrict access to the Site.
As a User of Shopibin, You have the ability to earn money in the form of rebates, which are separate and apart from, and in addition to, any other discounts available through Our Site ("Shopibin Cashback"). This section identifies the manner in which You may earn Shopibin Cashback, the associated rights of the User and Our rights and obligations with respect to the Shopibin Cashback program ("Program").
Obligations of the User
- You may use the services for lawful purposes only. You may not, without limitation, submit or transmit through the Site, any material or content that:
- violates or infringes the rights of any third party including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of sexual acts, is lascivious or appeals to prurient interest;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonates any person, business or entity including Shopibin or its employees and agents;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of a computer or computer network;
- encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
- violates this Agreement, guidelines or any policy posted on the Site;
- interferes with the use of the services or Program by others; or
- intentionally or unintentionally violates any applicable local, state, national or international law, including any regulations having the force of law;
- results in violations of system or network security like unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic, interference with service to any user, host or network etc.
- engages in activities, whether lawful or unlawful, that We determine to be harmful to its operations, reputation, goodwill, or customer relations.
- You expressly agree that We shall not be liable in any manner whatsoever for any claims or complaints made by any third party with respect to the content.
- You shall not alter the display of any advertisement (or any parts or aspects thereof), Shopibin's brand elements, including logos, trademarks, service marks displayed by Us in connection with the services in any manner whatsoever.
- You shall not enter or attempt to enter into a transaction with the Shopping Partners to gain Shopibin Cashback, by providing personal information of someone else, or a payment method they are not entitled to use, or by deceptively or unfairly exploiting an Affiliate Merchant's offering, or in breach of any terms and conditions applied by Us to that transaction
You agree to indemnify, defend and hold Shopibin, Our affiliates, directors, partners, employees and agents harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) based on or arising from any failure by You to comply with any of the terms and conditions of this Agreement; or any breach by You of any of the representations, warranties or undertakings set forth herein.
Disclaimers and Limitations on Liability
- All services in this Program are being provided by Shopibin "as is" and "as available" to the maximum extent permitted by law. We disclaim all representations and warranties, express or implied, with respect to the Site and the Extension, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance.
- You agree that We will not be liable for any costs or damages arising out of a dispute between You and any Affiliate Merchant, and you hereby expressly waive any such claim against us and our partners, members, officers, directors, employees, parents, subsidiaries, agents, associates, affiliates and representatives. We do not make any representations or guarantees regarding any goods or services offered or provided by Shopping Partners or suppliers. We do not make any representations that access to this Site or Your usage of the Program will be uninterrupted or error-free, and We assume no responsibility for any damage caused by your access, or inability to access, this Site or Your usage of the Program, including, but not limited to, your inability to receive Shopibin Cashback by purchasing items with an Affiliate Merchant.
- In no event shall We be liable for any damages, claims or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused and under any theory of liability arising in connection with your use of this Site and the Program; any act or omission by Us in administering this Site or the Extension; or the purchase or use of any goods or services of Shopping Partners or suppliers, even if We have been advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy. You agree that any material and/or data downloaded or otherwise through the use of the Program are done entirely at your own discretion and risk and You will solely be responsible for any damage to Your computer systems or loss of data that results from the download of any material and/or data.
- Notwithstanding the foregoing, in no event shall We be liable to You for direct or indirect damages caused by Us in excess of the Shopibin Cashback earned by You during the preceding six (6) months period. You agree to indemnify and hold Shopibin, its partners, members, associates, parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of Your use of the Site or the Extension, the violation of these terms and conditions by You, or the infringement by You, or any other user of Your Account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any member communications.
Amendment to Agreement
The "terms and conditions" set forth within this Agreement may change from time to time. We will post those changes on this page. You consent to be bound by all the said "terms and conditions", including any and all updates thereto. We will not be responsible if You do not learn of the modification. It is Your responsibility to check this page of the Site regularly to determine whether this Agreement has been modified. If You do not agree to any modification of this Agreement, You must immediately terminate Your Account and Your usage of the Program.
Compliance with Laws and Regulations
You agree to comply with all applicable laws, rules and regulations. You may participate in this Site and Our Extension and Our Programs if and to the extent that such participation is permitted by such laws, rules and regulations. We may refuse to enroll, restrict, modify or terminate Your Account, password and registration without liability to You or any other third party if You violate any law, rule or regulation, or if Your participation could violate any law, rule or regulation.
Proprietary Rights to Content
You acknowledge that this Site content, App content and the Extension’s content, including but not limited to text, sounds, photographs, graphics, video or other material contained in any communication, advertisements or messages, whether by Shopibin or Shopibin's advertiser's or Shopping Partners, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content or service as expressly authorized by Shopibin, its advertisers and Affiliate Merchants, as the case may be. No portion of the content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. Shopibin, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Shopibin. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Site or portion thereof, must include Shopibin's copyright notice. Any unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Termination of Agreement
- Any violation of the terms and conditions of this Agreement is ground for immediate termination of Your Account and Your registration with Shopibin.
- We reserve the right to terminate Your Account, password and registration, if Your Account is inactive for a period of twelve (12) consecutive months. An Account shall be deemed and considered to be inactive if there has not been any Shopibin Cashback earning activity.
- You may terminate Your Account, password and registration at any time by sending an email or calling Our customer support.
- We reserve the right to terminate Your Account, password and registration, if Your Account has been associated with any legally questionable activity.
- If Your Account, password and registration with this Site is terminated for any reason, either by You or by Us, You shall forfeit any and all earned Shopibin Cashback in Your Account.
All Shopibin notices will be given by email, registered postal service or by general posting on the Site.
Shopibin's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver or forfeiture of such right or provision.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of India without reference to conflicts of law and rules. You hereby consent to exclusive jurisdiction and venue in the courts located in Delhi, India for all matters and disputes in connection with this Agreement or Your use of this Program.
Severability of Provisions
Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof in this Agreement. To the extent permitted by the applicable law, each of the Parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.
Access and Delays in Services
Shopibin, its affiliates, subsidiaries, and vendors shall have no responsibility to provide You access to the Site. Further, Shopibin, its affiliates, subsidiaries, and vendors shall not be liable to You for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
You cannot assign any of Your rights, obligations, privileges, or performance hereunder without the prior written consent of Shopibin. Participation in the Program is personal to You. Shopibin Cashback received under the Program may not be assigned or transferred to any third party, except as expressly permitted by Shopibin, in writing. The sale, transfer, lending, exchange, pooling or barter of any Shopibin Cashback, other than by Shopibin, is expressly prohibited. Any Shopibin Cashback assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.