Terms of Use

Cbpocket Terms & Conditions

1. Welcome to Cbpocket.com.

Cbpocket is the subsidiary undertaking of Xerosoft Technologies. These terms of services are important as it contains legal terms so carefully read them so that you agree with them when you use services provided by Cbpocket.com ("Site").

2. Membership Registration:

To get membership of Cbpocket you need to submit certain information to complete the registration process of Cbpocket.com. Before submitting the registration you need to agree to the current Terms & Conditions. You need to agree to the Terms & Conditions of Cbpocket.com to use the Cbpocket services.

Make sure that members of Cbpocket.com are not allowed to add any ads on any social-media platform aiming to Cbpocket.com. Members need to comply with this to avoid any contingencies like immediate termination of his/her account in future.

3. Service by Cbpocket:

Cbpocket Cashback:
We allow the users to avail cashback services by the register with us as Members and create an account with us. Retailer review the Members purchases, if prove honest and positive will release the cashback that will be paid to you by Cbpocket.com.

At any point of time if a retailer is not able to track any transaction under their affiliate tracking system, then Cbpocket will not get paid for such sale and in that case members will not be paid any expected cashback on sales.

Cbpocket Exclusive Referral Fee:
Members can also avail exclusive and ingenious referral fees by Cbpocket.com where registered members can avail 10% cashback to introduce new member each time as Qualifying Referral but they need to remain as a member with the company.

4. Clause for qualifying for cashback and Referral fee:

Once the member successfully completes the Qualifying Transaction, and we receive the expected cashback on that particular Qualifying Transaction.

Cbpocket pays the cashback amount to the member through Cashback Receipt Method.

There are various circumstances that arise during a transaction with a retailer ascertain transaction might not constitute a Qualifying Transaction and so expected cashback may not be paid. The same case is also applied to a Qualifying Referral. Member needs to understand that transactions made is with Retailers and not the Cbpocket.com. Check our helpdesk page to get further information on such circumstances. Also, Retailer from time to time may increase or decrease the amount of commission that can be a reason for the incorrect cashback offer illustrated on Cbpocket site.

Also, time to time you will get increased or decreased commission paid that decision will be taken by a retailer. In that case, the cashback offer given on the Cbpocket site might not match. In case if you received a commission as reported by the retailer, which may be less or more than the rates given on the Cbpocket site. We will not be liable for any difference received by the member. Expected cashback may differ from actual cashback.

Whenever we get the valid transaction to your account, we will credit the money due to your account after the Retailers verification. The confirmation from a retailer may take 90 days or more from date of purchase. Once the retailer confirm about the transaction the transaction will be marked as
‘Valid Transaction’. Cashback payment will not get released in case of returned goods, cancellation or any mean that not make a ‘Valid Transaction’. Not only Retailer but also member need to intimate Cbpocket about any returns or exchanges of goods for which they have received cash back.

Members need to understand and also agree that any transaction qualify for Valid Transaction will be decided by the Retailer and Cbpocket. We will not be considered responsible for any fail transaction reported by the Retailer. Also, Cbpocket will not responsible for any technical failure due to which any transaction is not recorded as a valid transaction or a Qualifying Referral for any reason whatsoever. At the same time as we will endeavor to recover non-payments from the Retailer, the decision of ourselves, the Retailer or Retailer's tracking agent is final. Also, we will try to recover the commission, although we reserve the right to not claim missing commission at any point of time, especially where no transaction has taken place. If any purchases is not genuine as per the Retailer for any reason and Cbpocket do not received any payment then the member will also not get any cashback.

In case of missing cashback, member will send us an enquiry, then our system will check and review if there is any exit click on our site. In case of no exit, click tracked then member will receive a message from us indicating that they did not click through our website to get cashback prior to sale. While adding cashback values all exit clicks to stores will get saved in our database for cross-reference. When a Retailer successfully pass the commission enquiry, you may receive a lower amount than expected. This issue arises only because we have received a lesser amount. You get to discuss this with us that would not be an issue. There is a chance in which Retailer hasn’t paid a manual commission after the expiry of six months then we reserve the right to close the enquiry report. Payment of missing cashback is done only when retailer pays to company.

To reclaim or make balance adjustment we reserve the right to established any credit that has been applied in error. The balance adjustment is applicable only to genuine transaction not on misuse or fraud. Cbpocket has the right to recover any or all unduly paid cashback from member who are actually not entitled to earn.

Cbpocket cashback is not applicable in various circumstances to the Members, will remain with us, without any limitations:

1. Cashback is not applicable where the cashback payment is not associated with Qualifying Transaction or any account where member is not logged with us while making the purchase for cashback.
2. There are circumstances in which Cbpocket reserve the right to cancel some sale made at a distance:
a. We have right to cancel the cashback payment under clause 9 as per this agreement.
b. We have right to cancel cashback in case of fraud or breach of this agreement.

For further information check our help pages about these circumstances.

4. How to become Member:

Members, minimum age limit is 16 years of age. To register with cashback services of Cbpocket you must fill correct and updated information about yourself that includes your name and address and other details requested. If at any point of time asked for your bank details , you need to provide it to get cashback receipt payment. (1)To get your "Cashback Receipt Method" you need to ensure that you are a member and will remain a member of Cbpocket. (2) Now you need to confirm that you are ready to get cashback through Cashback Receipt Method. Always keep your contact information updated through your Account.
Cash Receipt Method particularly with NEFT , may have certain rules on the minimum and maximum payable amount that you can avail through Cashback Receipt Method.

Email Address: Make sure that you have provided an accurate email address and must keep us updated in case of change and ensure that you have complete access to it because we will communicate and share important information on your email address. In case of email change you need to update the new email address to the account, we hold for you.

5. Information on Your Account:

The validate cashback can be withdrawn after you have a minimum balance of 250 in your account. In any case before reaching the 250 limit, if members close their account with us or Member’s account gets closed for any reason by us, members need to pay a small amount as a transaction fee to withdraw the cashback account. This amount is administration and postage costs covered by bank. In such case we keep the right to forfeit any such validated balance showing on your Account.

6. Intellectual Property:

intellectual Property includes trademarks, copyrights and any other intellectual property rights in and relating to the Site that includes any material contributed by Retailers or Member are owned by us. Copy material from website is easy but this will not make it legal. So it is mandatory to not copy, distribute, or show in public or develop derivative work from the site. Any product available on the site should not be sold unless it is licensed by us to do so.
A Member will grant to upload or include any material on the Site:

1. to us a non-exclusive license (including the right to grant sub-licenses) to use, reproduce and distribute that material through our Cashback Service and any other interactive services through which we or our sub-licensee make the Cashback Service (or a service based on our service) available; and
2. 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.

7. Privacy & Cookie Policy:

Cbpocket Privacy & Cookie Policy is the part of this Agreement, you are required to agree to the way we handle your personal data under that policy. World Wide Web is open for all so whatever will be posted on the site will be accessible to internet users around the world.

8. Our Role:

We are not a party to any transactions with Retailers, also not seller or supplier of any good manufactured by Retailers. Therefore Cbpocket is not having any legal obligation on Retailer or good and services provided by them.

We are not legally responsible for:
a. the quality, safety, or legality of those goods or services available from Retailers; or
b. Whether the Retailer can or will supply and pass good title to any goods or services.

Members should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction offline. To the extent that the Applicable Law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Retailers.

9. Misuse:

Termination of any Members access to our service, or any part of it, the right will be kept by us. We can take decision to terminate the Member account in reasonable view appears to be in breach of any provision of this Agreement.
Member should not attempt to enter into, any transaction with a Retailer or to gain Cashback:

(1) by providing personal information of someone else, or a payment method which they are not entitled to use, (2) by deceptively or unfairly exploiting a Retailers offering including but not limited to creating fake or unauthorized referral links, or (3) 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 Site or our Cashback Service or misused the Site or the Cashback 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 Site 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.

10. Contact from third parties:

If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
a. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
b. To respond promptly and accurately to it, should we pass the message to you for a response?

11. Additional services:

We or our partners may offer new or additional services through the Site 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 Site 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.

12. Operation of our Cashback Service:

We reserve the right to withdraw, modify or suspend aspects of the Cashback Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavor 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 the our service. There may also be times when the Cashback Service becomes inaccessible as a result of technical difficulties experienced by us or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Cashback 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 Cashback 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 Cashback Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Site. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

13. Disclaimer and Limitation of Liability:

Disclaimer:

The content and material from or through the site 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 site 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 site 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:

a. We warrant that the Cashback Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Cashback Service, but we cannot and do not guarantee that the Cashback Service will meet your requirements.
b. We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
c. Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
d. Limitation of Liability: Subject always to sub-Clause e. 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 our Company and the affiliated parties in connection with any claim arising out of or relating to the site 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.
e. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise
i. (A) for any loss of revenue, business, anticipated savings or profits; (B)any errors in or omissions from the Site or any services or products obtainable therefrom; (C) the unavailability or interruption of the Site or any features thereof; (D) your use of the Site; (E) the content and materials contained on the Site; (F) or any delay or failure in performance beyond our control or any of our affiliated parties.
ii. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Cashback Service or other non-performance of this Agreement or otherwise.
iii. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by Applicable Law.
iv. For the avoidance of doubt, we will not have liability to you or any other person in respect of material contributed by Members, transactions (or non-transactions) with Retailers, or any activity or communication relating to such material or transactions.

The provisions of this Clause 13 shall survive the termination or expiry of this Agreement.

14. Third Party Content:

Third party content and materials may appear on the Site or may be accessible via hyperlinks from the Site. 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 Site or accessible via hyperlinks from the Site.

15. Communications:

You hereby expressly agree to receive communications by way of SMS, e-mails from company.com relating to Services provided through the Website.

16. 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.

17. 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.

18. Entire Agreement:

This Agreement is intended to contain your entire agreement with us relating to the Cashback Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Cashback Service, except for any fraud or fraudulent representation by either of us.

19. Changes to this Agreement:

We reserve the right to change this Agreement from time to time, and post the new version on the Cashback Service. When we do so, we will post the new version of the Agreement on the Cashback Service, and the new version of these terms and conditions will take effect, and will govern the Cashback Service and your relationship with us:
a. commencing no less than thirty 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.

20. 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 we 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.

21. Governing Law:

We have prepared this agreement between Cbpocket and members as per the Indian Laws. Cbpocket and members submit to the non-exclusive jurisdiction of the Indian courts in relation to disputes arising in connection with this Agreement.

22. Keeping this Agreement:

We have common individual Agreements for Members when they register for the Cashback Service. Just access it at www.Cbpocket.com keep durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.

23. Contact:

You can reach us on email
[email protected]

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