Privacy policy
Please read these Terms and Conditions (“Terms and
Conditions” or “Agreement”) carefully. This agreement affects your rights.
This Agreement constitutes a legally binding agreement
between each individual who enrolls in any of the Programs (“registered user”)
or otherwise uses any one of the Company Properties. If you are a Member or use
any of the Company Properties, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DISCONTINUE PARTICIPATION IN AND USE OF THE PROGRAM(S) AND TERMINATE YOUR
PROGRAM MEMBERSHIP(S) IMMEDIATELY.
YOU AGREE TO THE MANDATORY INDIVIDUAL ARBITRATION AND CLASS
ACTION/JURY TRIAL WAIVER PROVISIONS, DESCRIBED FULLY IN SECTION 4 below, TO
RESOLVE ANY DISPUTES WITH THE COMPANY, EXCEPT FOR THOSE MATTERS THAT MAY BE
TAKE TO SMALL-CLAIMS COURT.
1)
CHANGES TO THE TERMS AND CONDITIONS
a)
Company may at its discretion modify, update, add to, discontinue,
remove or otherwise change these Terms and Conditions at any time. Each such
modification will take immediate effect upon notification to you. Company may
provide you with notices, including those regarding changes to these Terms and
Conditions, by email, regular mail, text message, in-app messaging, or other
reasonable means now known or hereinafter developed.
b)
1.2 Your continued use of the Company Property following any such
notifications constitutes your acceptance of such modifications and your
agreement to be bound by these Terms and Conditions. If you do not agree to any
modification of these Terms and Conditions, your sole remedy is to discontinue
your use of the Company Properties. The most current version of these Terms and
Conditions will be available on our website and supersedes previous versions.
2) PROGRAM ACCOUNT
Our Programs are not available to and
should not be accessed or used by residents of the European Economic Area
("EEA"). To become a Member, you must be at least 18 years old and
provide your email address and password for Company to create your Program
account (“Account”). Your Account will be tied to a Tag ‘n’ cash ID, which
allows you to access certain websites and services of other Tag ‘n’ Cash group
companies using the same account credentials. Each person is limited to one
Account. To redeem certain offers and promotions offered by our other Programs,
you may elect to provide us additional information. Information that you submit
through one of our Programs may be saved and available for your use in our
other Programs, including, without limitation, any saved payment card
information. Any and all information collected from you shall be subject to
our Privacy
Policy, which is hereby incorporated by reference.
3) INFORMAL DISPUTE RESOLUTION
We
would like an opportunity to address your concerns without a formal legal case.
Before filing a claim against Company, you agree to try to resolve the dispute
informally by submitting your request through our contact page.
We will try to resolve the dispute informally by contacting you in writing via
email. If a dispute is not resolved within 30 days of submission through this
form, you or Company may bring a formal proceeding.
4) DISPUTE RESOLUTION BY BINDING ARBITRATION; CLASS
ACTION WAIVER
a)
Scope of Arbitration Agreement. You and
the Tag ‘n’ Cash Parties (as defined below) agree that all disputes and claims
between you and any one or more of the Tag ‘n’ Cash Parties shall be resolved
through binding individual arbitration unless you opt out of this Arbitration
Agreement using the process explained below. However, either you or the Tag ‘n’
Cash Parties may bring an individual claim in small claims court, as long as it
is brought and maintained as an individual claim. All issues are for the
arbitrator to decide, except that issues relating to the validity,
enforceability, and scope of this Arbitration Agreement, including the
interpretation of paragraph 3 below, shall be decided by the court and not the
arbitrator. For purposes of this Arbitration Agreement, the term “Tag ‘n’ Cash
Parties” shall include its owners, employees; as well as any of their direct or
indirect parents, subsidiaries, and affiliates. This term also includes the
predecessors, successors, officers, directors, agents, employees, and
franchisees of any of them.
b)
How Arbitration Works. Either
party may initiate arbitration, which shall be conducted by the American
Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules
(“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are
available on the AAA’s website www.adr.org, or by calling the AAA
at (800) 778-7879. In the event the AAA is unavailable or
unwilling to hear the dispute, the parties shall agree to, or the court shall
select, another arbitration provider. Unless you and the Tag ‘n’ Cash Parties
agree otherwise, any arbitration hearing shall take place in the county of your
residence. We encourage you to mail us on tagncashdev@gmail.com in advance of filing a claim for arbitration to
see if the dispute can be resolved prior to arbitration.
c)
Waiver of Right to Bring Class Action and
Representative Claims. All arbitrations shall proceed on an
individual basis. The arbitrator is empowered to resolve the dispute with the
same remedies available in court, including compensatory, statutory, and
punitive damages; attorneys’ fees; and declaratory, injunctive, and equitable
relief. However, any relief must be individualized to you and shall not affect
any other client. The arbitrator is also empowered to resolve the dispute with
the same defenses available in court, including but not limited to statutes of
limitation. You and the Tag ‘n’ Cash Parties also agree that each may bring
claims against the other in arbitration only in your or their respective
individual capacities and in so doing you and the Tag ‘n’ Cash Parties hereby
waive the right to a trial by jury, to assert or participate in a class action
lawsuit or class action arbitration, to assert or participate in a private
attorney general lawsuit or private attorney general arbitration, and to assert
or participate in any joint or consolidated lawsuit or joint or consolidated
arbitration of any kind. If a court decides that applicable law precludes
enforcement of any of this paragraph’s limitations as to a particular claim or
any particular remedy for a claim (such as a request for public injunctive
relief), then that particular claim or particular remedy (and only that
particular claim or particular remedy) must remain in court and be severed from
any arbitration. The Tag ‘n’ Cash Parties do not consent to, and the arbitrator
shall not have authority to conduct, any class action arbitration, private
attorney general arbitration, or arbitration involving joint or consolidated
claims, under any circumstance.
d)
Arbitration Costs. The Tag
‘n’ Cash Parties will pay all filing, administrative, arbitrator, and hearing
costs. The Tag ‘n’ Cash Parties waive any rights they may have to recover an
award of attorneys’ fees and expenses against you.
e)
Other Terms & Information. This
Arbitration Agreement shall be governed by, and interpreted, construed, and
enforced in accordance with, the Federal Arbitration Act and other applicable
federal law. Except as set forth above, if any portion of this Arbitration
Agreement is deemed invalid or unenforceable, it will not invalidate the
remaining portions of the Arbitration Agreement. No arbitration award or
decision will have any preclusive effect as to any issues or claims in any
dispute, arbitration, or court proceeding where any party was not a named party
in the arbitration, unless and except as required by applicable law.
5) PROGRAM LICENSE
Subject
to this Agreement, we hereby grant you a non-exclusive, non-transferable
license (without the right to sublicense) to access and use the Company
Properties for your personal use to access the Program(s). You agree that you
obtain no rights other than the rights and licenses expressly granted in this
Agreement. Company reserves the right to change, upgrade or discontinue the
Program, any Company Property, and any feature of the Program or the Company
Properties, at any time, with or without notice. All rights not expressly
granted under this Agreement are reserved by Company or its licensors.
6) PROGRAM RESTRICTIONS
You agree that you will not, and will
not permit others to: (i) damage, interfere with or unreasonably overload the
Company Properties; (ii) introduce into the Company Properties any code
intended to disrupt the Program; (iii) alter or delete any information, data,
text, links, images, software, chat, communications and other content available
through the Company Properties (collectively, “Content”); (iv) access the
Program or the Company Properties by expert system, electronic agent, “bot” or
other automated means; (v) use scripts or disguised redirects to derive
financial benefit from Company; (vi) modify, reverse engineer, reverse
assemble, decompile, copy or otherwise derive the source code of any Company
Property for any reason; (vii) rent, sell or sublicense any of the Company
Properties; (viii) provide any unauthorized third party with access to the
Program; (ix) access or attempt to access confidential Content through the
Company Properties; (x) interfere with the operation of the Program, including,
but not limited to, distribution of unsolicited advertising or mail messages
and propagation of computer worms and viruses; (xi) post any material in any
form whatsoever on the Company Properties or within the Program that is
defamatory, obscene or otherwise unlawful or violates any third party’s right
of privacy or publicity; (xii) infringe any third party’s patent, copyright,
service mark, trademark or other intellectual property right of any kind or
misappropriate the trade secrets of any third party in connection with your use
of the Program or the Company Properties; (xiii) engage in any activity that
does not comply with applicable law and regulations or otherwise engage in any
illegal, manipulative or misleading activity through the use of the Program;
(xiv) use the manual or automated software, devices or other processes to
"scrape," "crawl," "spider" or index any page of
Content from the Company Properties.
7)
TERMS SPECIFIC TO MERCHANTS
Registered merchants agreed to pay Tag
‘n’ cash transaction fee (fixed amount / percentage) as per transaction set in
merchant registration form.
Registered merchants are obliged to grant
discount to the referee andpay & transfer cash to referrer,
bothwithin 24 hours, as per the terms agreed in merchant registration form.
Registered merchants agree that they grant
direct debit authorization to Tag ‘n’ cash, the information of which shall also
be used to clear all pending dues.
8)
REWARDS& PAYMENTS
Tag ‘n’ Cash is a referral aggregator
connecting merchants and referral users.
Registered users / referrers are
eligible for the referral amount upon execution of business transaction by
referee with registered merchant. Merchant is solely responsible to pay any
referral amount earned by registered user’s aka referrer to the referrer.
Referral fee may change at the
discretion of the participating merchants during the course of the program. Tag
‘n’ Cash does not control such a change and the users / registered users shall
communicate with the merchants directly with disagreements.
Tag ‘n’ Cash is not responsible to pay
the referral fee to users in case of default payments by merchants. Tag ‘n’
Cash is not responsible for any delay in referral payments by merchants. Users
/ registered users should deal directly with merchants in case of disputes with
the referral amount or any other nature.
9)
TAXES
You may be taxed on your
receipt of rewards and other consideration (merchandise, travel, etc.) for
member referrals or other promotional activities (such as prizes from a
sweepstakes) depending on the tax laws of federal, state and local
jurisdictions. Tag ‘n’ Cash does not hold responsibility of issuing the
appropriate documentation. You will be solely
responsible for any and all tax liability arising out of the consideration
received in connection with any member referrals or promotional activities.
10) ACCOUNT MAINTENANCE
a)
Updating your account:You agree
to keep your Account information current, complete and accurate by periodically
updating the information through the Company Properties. You must be logged
into Company and enter your password to change your Account information and
payment preferences. You may check your Account status and recent purchase
and/or earning history at any time via the Company Properties. You will
maintain the confidentiality of your Account information, including username and
password by which you access the Program. Any use of your username and password
will be deemed to be your use, and Company is entitled to act on instructions
received under your password and is not responsible for any credits or debits
made to your account by someone else who uses your password. If there is a
breach of security through your Account, you will immediately change your
password and notify us of such breach. You agree that, unless you have first
notified us immediately of any such breach, we should assume that any
instruction transmitted using your username and password is yours and has been
authorized by you, and we will have no obligation to inquire into the propriety
of such instruction.
b)
Fraudulent Activity: We reserve the right
to investigate any referral activity, or interaction with any Company Property
that we believe, in our sole discretion, is abusing or has abused the Program.
We reserve the right to rescind any rewards and/or bonuses, and/or terminate
any Member Account that we believe, in our sole discretion, is abusing or has
abused the Program, including, without limitation, by engaging in a pattern of
returning products after the corresponding rewards has been credited or making
fraudulent referrals by creating multiple Accounts. Multiple Accounts created
under the Refer-A-Friend Program with the same name, address, email address or
other identifying feature may be flagged as fraudulent referrals. Any failure
to comply with this Agreement, any fraud or abuse relating to the accrual or
receipt of rewards and bonuses, or anymisrepresentation of any information
furnished to Company by you or anyone acting on your behalf may result in the
termination of your Account and forfeiture of any accrued rewards. If Company
has any reason to suspect fraudulent activity is associated with your Account,
Company reserves the right to delay or withhold payment of rewards. Any
suspected or actual cases of fraud activity will be escalated and reviewed in
accordance with our fraud process. Company decisions are final.
11) COMPANY APPLICATIONS
Company
may make available software applications (“Company Applications”) to allow you
to access our Programs without visiting www.tagncash.com. For purposes of this
Agreement, references to Company Properties shall include Company Applications.
Company Applications and their underlying information and technology may not be
exported or re-exported into any country to which the U.S. has embargoed goods
or to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders. You represent
and warrant that you are not located in, under the control of or a national or
resident of any such country or on any such list, and that you will otherwise
comply with all applicable export control laws. If you are a U.S. government
end user, we are licensing the Company Application to you as a “Commercial
Item” as that term is defined in the U.S. Code of Federal Regulations (see 48
C.F.R. § 2.101), and the rights we grant you to the Company Applications are
the same as the rights we grant to all others under this Agreement.
12) YOUR
FEEDBACK
You
may be invited to provide us feedback, comments, ideas, suggestions, reviews
and other information about our Programs (“Feedback”) through the Company
Properties, by our member services or through one of our service providers. You
hereby grant to Company and its affiliates and agents a nonexclusive,
royalty-free, perpetual, irrevocable and fully sublicensable right to use,
reproduce, modify, adapt, publish, perform, translate, create derivative works
from, distribute and display the Feedback in any media and for any legal
purpose, including, without limitation, the right to use such Feedback in
advertising and promotional materials and to enhance or improve our products
and services and the products and services of its affiliates.
13) RECEIVING COMMUNICATIONS
By
signing up to be a Member, you agree to receive communications and notices by
electronic mail. Our communications may be account- and membership-related as
well as periodic shopping-related emails available to Company Members. We may
communicate with you regarding the Program by electronic mail or direct mail
using information you provide to us. Your consent to receive electronic
communications includes any notices or other information that we may be
required by law to provide you in writing or otherwise. You agree to keep us
apprised of your current email address should the same change after the date
you become a Member. We may also send you push notifications if you install the
mobile application. If you elect to provide us a mobile number, we may use it
to contact you when you make account updates or for account recovery purposes.
You may receive recurring messages from us during those account changes.
Standard message rates apply, and carriers are not responsible for any delayed
or undelivered messages. You may opt out of receiving certain communications in
accordance with our Privacy Policy.
14) COMMUNITY STANDARDS
By
participating in the Program, you are becoming a Member of a community that depends
on the goodwill and responsible behavior of each of our Members. Members are
required to refrain from transmission or communication of images or text
constituting ethnic slurs, obscenities, sexually explicit material,
inflammatory or derogatory comments, or anything else that may be construed as
harassing or offensive, which is targeted at the Program, the Company
Properties, our employees, contractors or agents, our Affiliate Stores or
Sellers, or other Members. This includes communications by means of social
media or other Internet posts that violate the above community standards or
promote or encourage gaming or fraudulent behavior. Members who violate this
provision, as determined by us in our sole discretion, may have their access to
the Program suspended or terminated without prior notice.
15) OWNERSHIP
All right, title and interest in
the Program, the Company Properties and the Content belong to Company or its
licensors. Additionally, Company shall maintain all right, title and interest
in the “Tag ‘n’ Cash” mark and any other marks, service marks, trademarks or
logos of Company and its affiliates (“Company Marks”). The Company Marks may
not be used in connection with any product or service that is not Company’s or
in any manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Company. You shall not by any means bid on
any keywords with any search engine containing “Tag ‘n’ Cash” or any other
Company Mark, without limitation. You shall not mention or use Company in any
ad text, extensions or banner ads without the express written consent of
Company. All other trademarks not owned by Company that are used in the
Programs are the property of their respective owners, who may or may not be
affiliated with, connected to or sponsored by Company.
16) INDEMNIFICATION
You agree to indemnify Company, our
Affiliate Stores, our Sellers, as well as their respective officers, directors,
employees, successors, agents and affiliates, for any and all claims, damages,
losses and causes of action (including attorneys’ fees and court costs) arising
out of or relating to your breach of this Agreement or for any materials in any
form whatsoever that are provided by you (or through your username and/or
password). You agree to cooperate as fully as reasonably required in our
defense and/or settlement of any claim. We reserve the right, in our reasonable
discretion, to assume exclusive control over the defense and settlement of any
matter subject to indemnification by you.
17) WARRANTY DISCLAIMER
THE PROGRAM, CONTENT AND THE COMPANY
PROPERTIES ARE PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO
THE QUALITY, ACCURACY, COMPLETENESS, COMPLETENESS, RELIABILITY OR VALIDITY OF
THE PROGRAMS, CONTENT OR THE COMPANY PROPERTIES, INCLUDING, WITHOUT LIMITATION,
ANY PRODUCT SEARCH RESULTS, PRODUCT DESCRIPTIONS, PRODUCT AVAILABILITY, PRICING
INFORMATION ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, REVIEWS OR OTHER
INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED IN CONNECTION WITH ANY PROGRAM.
COMPANY DOES NOT WARRANT THAT THE FUNCTIONALITY OF THE COMPANY PROPERTIES WILL
BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY
WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, COMPANY DOES NOT
WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR
ACCURACY OF ADVERTISEMENTS FOR ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY
ITS AFFILIATE STORES OR SELLERS IN CONJUNCTION WITH THE PROGRAMS.
18) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES
OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY
ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50). THIS
LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER
ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF
CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
19) TERMINATION OR SUSPENSION
This
Agreement is effective when accepted by you and will remain in effect until you
or we terminate your membership in the Program. We may terminate this Agreement
and your use of or access to the Program at any time, for any reason or no
reason. Any violation of this Agreement or the rules and conditions of the
Program may result in the termination of your Account and forfeiture of pending
or prior rewards. We may, in our sole discretion, at any time and without prior
notice, discontinue, cancel, suspend, change or limit access to all or any part
of the Program or any functionality, feature or other component of any Company
Property. You agree that Company will not be liable to you or to any third
party for any modification, suspension, or termination of the Program or your
access to any of the Company Properties. If you are dissatisfied with any
aspect of the Program at any time, your sole and exclusive remedy is to cease
participating in the Program. Upon any termination of the Program, your right
to use and access the Program, and the Company Properties, and to receive
rewards, will terminate. Termination will not prejudice either you or our
remedies at law or in equity.
20) GENERAL PROVISIONS
Entire Agreement :These
Terms and Conditions constitute the entire agreement between you and Company
and govern your use of the Products or Company Properties superseding any prior
agreements between you and Company with respect to the Products or Company
Properties (including, without limitation, earlier versions of this Agreement
that may have been accepted by you). Any representations, statements or
agreements made or entered into elsewhere, whether directly or indirectly,
written or oral or in advertising are not binding toward Company unless
expressly confirmed in writing by Company to you. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain
other services, affiliate services, third party content or third-party
software.
a) Interpretation: Headings under this Agreement are intended only for convenience and
shall not affect the interpretation of this Agreement.
b)
Waiverandseverability ofterms: Any waiver or failure
to enforce any provision of this Agreement on one occasion will not be deemed a
waiver of any other provision or of such provision on any other occasion. If
any provision of this Agreement is held to be invalid, such invalidity shall
not affect the remaining provisions, except as otherwise stated.
c)
Choice of Law: The validity, construction
and interpretation of this Agreement and the relationship between You and
Company, including the rights and duties of the parties, will be governed by
the laws of the State of North Carolina in the United States without regard to
its conflict of law provisions. This shall not limit the protection afforded to
you by provisions that cannot be derogated from by agreement by virtue of
applicable law.
d) Assignment: You may not assign, transfer, or otherwise dispose of your rights and
obligations under this Agreement, in whole or in part, without our prior
written consent, and any such assignment without such consent will be null and
void. Company has the right to transfer, assign or otherwise dispose of these
Terms and Conditions without Your consent.
19) Scanner:
1) Users: Users in TagNCash can register themselves, become referrer by sharing the coupon and earn.
2) Vendors: You may not assign, transfer, or otherwise dispose of your rights and
obligations under this Agreement, in whole or in part, without our prior
written consent, and any such assignment without such consent will be null and
void. Company has the right to transfer, assign or otherwise dispose of these
Terms and Conditions without Your consent.
19)
Data sharing between users:
1) Details of name, id, customer/user id of users will be shared to vendors which will be used to identify which user has shared the coupon, who has redeemed the coupon, how much is the discount, bill value, offer value and reward/ cashback earned.
2) User can view vendors’ business name, coupons added by the vendor, and discount/coupon details.