Terms & Conditions- EarnKaro.com
1. Introduction:
Thank you for visiting www.earnkaro.com or EarnKaro mobile application (referred to as “Platform”)- India’s #1 Affiliate Marketing Platform. The Service is operated by Pouring Pounds Ltd and/ or Pouring Pounds India Private Limited (“We”, “Us”, “EarnKaro” or “Our” and includes its respective legal heirs, representatives, administrators, permitted successors and assigns). By using the various services available on the EarnKaro Platform (“Services”), the User (jointly and severally referred to as “You”, “Your”, “Member”, “Yourself”, “His/Her”, “Him/Her” or “User”) consent to these terms, guidelines and supplemental terms provided to you for the Services that you use (collectively, “Terms”). Please read the Terms as they contain the legal terms and conditions that you agree to when you use the service provided by us through the Platform.
2. General:
- The Terms, inclusive of the Privacy Policy and any other relevant terms found on the Platform, are applicable and binding on the User. Users agree to adhere to these Terms, which may be amended or replaced. By doing so, the users confirm acknowledgment and acceptance of the Terms and Privacy Policy. It is essential to thoroughly read and understand these Terms before using the Platform or its services. Non-acceptance of any Term warrants refraining from using the Platform or its services.
- The headings and subheadings within these Terms are provided for convenience and identification purposes only; they do not describe, interpret, define, or limit the scope, extent, or intent of these Terms or the users’ rights to use the Platform or any of its sections or pages. These Terms supersede all previous oral and written terms and conditions communicated to you.
- You acknowledge that the Platform does not engage in the sale or purchase of goods/products and cannot ensure the quality or merchantability of items purchased or services availed. We function solely as a facilitator, acting as a liaison, and do not participate in or control transactions between you and the Retailer. We bear no liability for mediating or resolving conflicts between you and Retailer. Additionally, the Platform does not endorse or guarantee the accuracy, reliability, or quality of products, services, or information provided by Retailers or third parties. Any statements or representations made by Retailers/banks or third parties are their own, and transactions with them are solely between you and the respective Retailer, with you assuming all associated risks.
- We are not a party to any transactions/applications made with Retailers/banks and are not the seller or supplier of any of the goods or services that they make available. Thus, we do not have any of the legal obligations that apply to the sellers of those goods or services.
- We are not held accountable for the acts or failures of the Retailer or for any breach of terms, representations, or guarantees by the Retailer. We do not sell or retail any products and do not guarantee that the Retailer will perform their obligations in relation to the transactions concluded via the Platform. We also explicitly disclaim any implicit or explicit guarantees or depictions regarding the quality, safety, merchantability, fitness for a particular purpose, or legality of the products & services listed and transacted and/or applied via the Platform.
- Be sure to visit this page periodically to review the most recent version of the Terms/Agreement.
- We will also notify you of material changes (if any) to these Terms by placing a pop-up on our Platform.
- The Platform may include links to third-party and/or Retailer websites or content for your convenience. However, we neither endorse nor control the content, products, or services provided by these entities. Your use of third-party websites or engagement with their content is at your discretion and risk. Additionally, while we endeavour to provide accurate product information, we do not guarantee the accuracy, completeness, or reliability of product/service descriptions, pricing, or other information on the Platform. It is your responsibility to verify the accuracy of such information before utilizing our services.
- While we make efforts to ensure the functionality and availability of the Platform, we do not guarantee uninterrupted, error-free, or secure access to the Platform. Technical issues, maintenance activities, or other factors may cause interruptions, delays, or errors. We disclaim all liability for any losses or damage resulting from such interruptions or technical issues.
- You further acknowledge and consent that you are accessing and transacting through this Platform at your discretion and risk, and that you are exercising your best and reasonable judgment before entering into any transaction through the Platform.
- We assume no responsibility for any errors or inconsistencies made by Platform or third parties.
- We shall not be held liable for any failure to execute, or violation of any contract agreed into between Retailer and you.
- It is recommended that you thoroughly read the description, terms & conditions of the product or service before availing or applying for the services and/or products.
- In the event that any deal is displayed at an incorrect cashback percentage or with inaccurate details as a result of a typographical error or error in the content of the deal understanding received by the Retailer, we reserve the right to reject or revoke any orders placed through such deals.
- All text, images, videos, interfaces for users, visual interfaces, pictures, trademarks, logos, sounds, music, design papers, and artwork on the Platform are an amalgamation of third-party material and our content. We have no control over such third-party user-created material since we are only an intermediary. If any of the third-party content violates any person's Intellectual Property, you will be entirely liable for the expenses incurred, and we will not be responsible for their actions.
- Without our express prior written consent, you may not use such content or reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute it in any way (including “mirroring”) to any other computer, server, Website, or other medium for publication or distribution, or any commercial enterprise.
- You must exercise no lesser degree of caution in entering into transactions with Retailers than you 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 incomplete 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.
- We reserve the right to withdraw, modify, or suspend aspects of the service, or the entirety of it. This includes but is not limited to instances where there is evidence of fraudulent activity, misuse of the Platform, or violation of applicable laws or regulations. We will take such action, except where it is necessary for security reasons or because of technical difficulties which would otherwise adversely affect our service.
- You agree to cooperate with periodic audits and compliance monitoring conducted by us or our authorized representatives to ensure adherence to regulatory requirements and contractual obligations. During such audits, you will provide access to relevant records, systems, and personnel as necessary to verify compliance with data protection laws, confidentiality provisions, and other regulatory requirements. You acknowledge that failure to cooperate with audit and compliance monitoring activities may result in termination of services or legal consequences, including penalties imposed by regulatory authorities. We reserve the right to conduct audits and compliance monitoring at our discretion, with reasonable notice provided to you unless exigent circumstances require immediate action.
- The Company reserves the right to modify, suspend, or discontinue any aspect of the services provided on the Platform at any time, including the availability of any features, databases, or content. We shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the services.
3. Membership:
- Our membership is available through the registration process on the Platform after you submit certain requested information to EarnKaro. By signing to the EarnKaro Platform, the user accepts the prevailing Terms and Conditions which the User needs to adhere to while availing Our services.
- Members of EarnKaro are strictly prohibited from running any paid advertisements, including ads on platforms like Google, Facebook, or any other paid channels, that direct traffic to Retailer(s) platform which is directly pointing towards EarnKaro. This includes brand bidding- using EarnKaro’s name or its Retailer brands’ names in ads, keywords, or ad copy—which violates EarnKaro’s affiliate model. Any violation of this policy will lead to serious consequences, such as but not limited to immediate termination of the member’s account, forfeiture of pending or validated payments, potential legal action as required. EarnKaro enforces a zero-tolerance approach toward brand bidding and unauthorized advertising to protect its business integrity, partnerships, and brand reputation.
4. Our Service:
- Profits: Our Service allows users to create an account with us (“Account”) to earn profit on tracked purchases from customized links shared by members on their personal networks from a variety of retailers on the Platform (“Retailers”). In order to qualify for profit, the Retailer must confirm that the Member’s purchase through the customized link is tracked, genuine, successful and is not returned/refunded/cancelled/rejected (constituting a “Qualifying Transaction”). Members can share these customized EarnKaro links with their friends, family and so on. When any Qualifying Transactions are generated through these links and EarnKaro receives a commission fee for these Qualifying Transactions from Retailers, EarnKaro will pay Members “Profit” for sales generated via their customized EarnKaro links. In case for any reason whatsoever, EarnKaro does not get paid commission from Retailers for Qualifying Transactions, then no Profit is due to the Member as well. Similarly, if the Retailers’ affiliate tracking system fails to track a transaction, that transaction may not be credited to EarnKaro, and any expected profit from such sales will not be paid to the Member. EarnKaro reserves the right to withhold or adjust any pending profit if transactions fail to meet Qualifying Transaction criteria or due to any fraudulent activity performed by the user, ensuring that EarnKaro’s operations remain financially sustainable and fair. Additionally, EarnKaro has implemented strict guidelines prohibiting unauthorized advertising practices as provided in the terms & conditions of the Retailers, including but not limited to brand bidding. Violations of the same may result in the immediate termination of accounts and forfeiture of pending and/or validated earnings.
- Unique Referral Fee: EarnKaro Service also provides a unique referral fee to its Members where the existing Members (referrer) gets 10% (Ten Percent) profit on each new Member’s (referee) Profit introduced by them in the manner provided on the Platform (“Qualifying Referral “) as long as they remain a Member themselves. The referee, sharing the unique customized links of specific stores/Retailers, may not make the referrer qualify for the 10% profit. Please see Clause 5 below for details. EarnKaro reserves the right to remit the Unique Referral Fee based on the terms and conditions set forth by the respective Retailer and/or EarnKaro. In the event of a dispute between the user and the Retailer, the resolution of the matter shall remain solely at the discretion of EarnKaro.
5. Becoming a Member:
In order to utilize and become a member of the Platform, you must adhere to the following criteria:
- You must be a natural person, meaning you should have a distinct legal identity.
- You must be at least eighteen (18) years old or older, possess the legal capacity to enter into agreements, fulfil obligations, and abide by these Terms. By accessing the Platform, you agree to comply with the terms and conditions outlined herein. Individuals under the age of 18 may access the Platform with the guidance and supervision of their parents and/or legal guardians. By accessing the Platform, you affirm that you possess the requisite rights, authority, and capacity to utilize its services.
- You agree to provide accurate and truthful information when registering and using the Platform, including but not limited to personal details, contact information, and any other required data. You must ensure that the details provided by you are kept up-to-date and that you have full access to it. We will be sending you important messages via text messages & emails, app notifications and in some cases via WhatsApp. If you change any of the provided credentials, you agree to provide us the updated credentials and in case of any updates, notices, notifications sent to the last provided credentials, the same shall be deemed communicated.
- You acknowledge and accept that any use of the Platform is subject to compliance with applicable laws and regulations governing your jurisdiction.
6. Profit and Referral Fees:
- If you wish to receive the Profits earned, you may choose to receive the same via the payment modes available on the Platform (“Profit Receipt Method”) such as bank transfer or UPI or any other payment modes as we may introduce in the near future. You must ensure:
- That you are fully entitled to use the said Profit Receipt Method.
- That the details of the Profit Receipt Method are updated and valid.
- That in case incorrect details of the Profit Receipt Method are provided, EarnKaro holds no liability on the same and the amount shall be disbursed to the provided credentials.
We reserve the right to discontinue or temporary put on hold any payment methods listed on the Platform, be it UPI or Bank Transfer, etc.
- Note that your Profit Receipt Method may have rules about the maximum or minimum payment that you can receive through that Profit Receipt Method which must be checked and confirmed by the user itself.
- After a Member successfully completes a Qualifying Transaction and we have received the resulting commission for that Qualifying Transaction from the Retailer, we pass that Profit to the Member through his/her opted Profit Receipt Method, except in case but are not limited to the transaction(s) being fraudulent or violative of the Retailer’s terms & conditions.
- There are various circumstances in which a transaction with a Retailer may not constitute a Qualifying Transaction, or Profit may not result from it. This is also true for a Qualifying Referral. The Member understands that all transactions made by him/her are not with us, but with the individual Retailer. Our help pages provide further information about these circumstances. Further, from time-to-time Retailers may increase or decrease the commission paid in which case the Profit offer illustrated on our Platform may be incorrect/outdated. By default, your applicable transactions will be credited in line with the commission reported to us by the Retailer, which may be more or less than the advertised rate. We shall not be liable for any difference in the expected profit by the Member and the actual Profit received by the Member.
- When we have traced a paying, Qualifying Transaction to your Account, we will credit your Account with a ‘pending payment’. Once the Retailer confirms the transaction, the payment will be marked as ‘validated’ – this can take up-to 90 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means, then the Profit payment will not be made. Apart from the Retailer, it is also mandatory for the members to intimate EarnKaro about any returns or exchanges for which they might have earned Profit unduly.
- Whether a transaction shall qualify as a Qualified Profit Transaction (including Profit through a Qualified Referral) it shall be at the sole discretion of the Retailer or us and the Member understands and agrees to the same. We shall not be held responsible if the Retailer fails to report a sale to us or does not qualify a transaction as Qualifying Transaction. Further, we shall not be responsible in the event due to some technical or other error we cannot trace a sale back to the member and does not qualify the transaction as a Qualifying Transaction or a Qualifying Referral for any reason whatsoever. Whilst we will endeavour to recuperate non-payments from the Retailer, the decision of ourselves, the Retailer or Retailer’s tracking agent is final. Whilst we will try and recuperate missing commissions, at any point. We reserve the right not to chase missing commission claims, particularly where no purchase has been made.
- Further, in the event that the Retailer feels that the purchase is not genuine for any reason whatsoever and we do not receive any commission for the transaction, the Member will not receive any Profit.
- We reserve the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a Retailer or its agencies and/or misuse or fraud committed by the user. This can include transactions which are already marked as payable or validated in your Account, or for transactions which have already been paid over to you by bank transfer, UPI or any other payment modes as we may introduce from time to time. In all such incidences, EarnKaro has the right to recover all unduly paid profit which the member is not entitled to earn, through legal proceedings.
7. Your Account:
You can withdraw your validated profit when you have attained the minimum profit threshold at least INR 10 in your Account. In the event the Member decides to close the Account with Us, and if at such time of closure, the validated Profit in Your account is less than the minimum threshold limit set for Your account INR 10 then the entire amount will be forfeited. If the validated Profit in your account is more than the minimum threshold limit, then you can request payment of the same via any of the Profit Receipt Methods available on the Platform. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.
8. Our Role:
- EarnKaro acts solely as a Platform to connect members with Retailers, and we are not a party to any transactions that occur between them. We do not sell or supply any goods or services provided by Retailers, therefore, we do not assume any legal responsibility or obligations related to the goods or services offered by the said Retailers.
As a Platform, we do not control or guarantee:
- The quality, safety, or legality of the goods or services provided by Retailers.
- The Retailer's ability to deliver the goods or services or transfer ownership of the goods.
- The accuracy or completeness of any product descriptions, pricing, or offers provided by Retailers.
- EarnKaro does not mediate or resolve disputes between members and Retailers. Any such disputes should be resolved directly between the member and Retailer.
- EarnKaro may, at its discretion, suspend or remove access to the Platform for the users who violate the Terms or engage in illegal activities, but this does not imply any responsibility or liability for your actions.
- Members are advised to exercise the same level of care when engaging with Retailers as they would in any offline transaction. To the fullest extent permitted by law, you agree to release EarnKaro, its employees, agents, and affiliates from any liability or claims arising from or related to transactions with Retailers, including but not limited to any issues with the fulfilment of orders or the quality of goods and services.
9. Misuse:
- We reserve the right to suspend or terminate any members access to our Services, or parts of it, if in our reasonable view the said member or Account appears to be in breach of any provision of this Agreement or applicable laws.
- Members must not enter into, or attempt to enter into, any transaction with a Retailer or to gain Profit (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Retailers’ offering including but not limited to creating fake or unauthorized referral links, or (c) 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:
- is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature.
- is not intended or likely to cause needless annoyance, inconvenience or distress to any person.
- 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.
- 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).
- does not breach the rights of any person or entity (including any rights or expectations of privacy).
- where it constitutes feedback on a Retailer, is accurate and fair; and
- Notwithstanding anything contained elsewhere in this Agreement and the Privacy Policy, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Account, email addresses, usage history, posted materials, IP addresses and traffic information. Any Member, who in the sole discretion of the Retailer or us, has committed fraud in use of the Platform or our Service or misused the Platform or the Service, their Account will be closed with immediate effect and the registered email and IP address will also be blacklisted, thereby discontinuing the Member to use or register with the same credentials or IP address in the near future.
- If you see or experience anything on our Platform that appears to infringe any of the above requirements, we would like you to inform us immediately.
- Each Member acknowledges that we are entitled, but not obliged, to withdraw/remove any material, which appears to be in breach of the Terms and/or terms and conditions of the Retailer and/or applicable laws, based on information received from third parties or other members or in the opinion of the Retailer/EarnKaro.
- We retain the right to suspend or terminate a Member's access to our Platform or services and take any other necessary steps to safeguard the integrity of EarnKaro, if we, in our sole discretion or in the opinion of the Retailer, determine that the Member has violated the Terms and/or terms & conditions of the Retailer(s).
- Members are strictly prohibited from engaging in activities including, but not limited to:
- Using unauthorized or fraudulent payment methods or personal information in transactions.
- Exploiting any Retailer’s offerings through deceptive or unfair means, such as but not limited to creating fake or unauthorized referral links.
- Breaching the Terms or terms and conditions of a Retailer for a given transaction.
In such cases of misuse, we reserve the right to forfeit any pending or validated payments in the Member's account and take all necessary steps deem fit in the opinion of EarnKaro.
10. Operation of our Service:
- We reserve the right to withdraw, modify or suspend aspects of the Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. There may also be times when the Service becomes inaccessible as a result of technical difficulties experienced by us or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Service or any of the content that appears on it.
- Nevertheless, we shall inform the Users about service unavailability, system maintenance or server down on our Portal and shall keep such situations to arise to the bare minimum. For security or other reasons, we may require you to change or update password or other information which facilitates access to the Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Platform. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
11. Intellectual Property:
- All copyrights, trademarks, and other intellectual property rights associated with EarnKaro’s Platform and services (including but not limited to any content uploaded by members, affiliates, or Retailers) are owned by or licensed to us. Unauthorized reproduction, distribution, public display, or creation of derivative works from the Platform or any content within it is strictly prohibited unless expressly approved in writing by us.
- By submitting any content or material on the Platform, members, affiliates, and Retailers grant EarnKaro an irrevocable, non-exclusive, worldwide license to use, modify, distribute, and make this material available through EarnKaro’s services and any related platforms we operate. This license also allows EarnKaro to sub-license the material as necessary to enhance the Platform’s services and comply with applicable laws.
- Furthermore, any content uploaded by users will be tracked and managed internally to maintain EarnKaro’s standards of content integrity and legal compliance. Members, affiliates, and Retailers agree that EarnKaro reserves the right to take necessary legal action to protect the Platform’s proprietary information, brand identity, and other associated rights.
12. Privacy Policy:
This Agreement incorporates EarnKaro’s Privacy Policy, which governs the collection, use, and protection of your personal data on the Platform. By engaging with EarnKaro, you agree to our practices as outlined in the Privacy Policy. Please note that, due to the global accessibility of the internet, any content you post or share on the Platform may be visible to users around the world. EarnKaro is dedicated to safeguarding your personal information and upholding strict data privacy standards in compliance with applicable laws to ensure your data remains secure.
13. Contact from third parties:
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
- to provide all reasonable information and assistance as required by us, in connection with responding to that contact; and
- to respond promptly and accurately to it, should we pass the message to you for a response.
14. Additional services
We or our partners may offer new or additional services through the Platform from time to time. Your use of those services may be subject to additional terms and conditions as updated herein, which must be complied with by you. Any failure by you to comply with a material provision of the Terms governing those services will amount to a breach of this Agreement.
15. Disclaimer of Warranties/Limitation of Liability:
- The Platform, Services, and other materials provided by this Platform are 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 Platform also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user content.
- You acknowledge that through this Platform, we merely act as a facilitator, to facilitate the highest quality services to you. We do not warrant that the functions contained in the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform or the servers that make it available are free of viruses or other harmful components but shall endeavour to ensure your fullest satisfaction.
- We shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond our control. You understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at your discretion and risk and you will be solely responsible for any damage to your computer systems or loss of data that results from the download of such material and/or data.
- 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 our act or omission or that of our employees, agents, or subcontractors. The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the Platform and/or the products, information, documents, and services provided herein or hereby shall not exceed Rs 500/- and that amount shall be instead of all other remedies which you may have against us and any affiliated party to us.
- 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
- for any loss of revenue, business, anticipated savings or profits; (B)any errors in or omissions from the Platform or any services or products obtainable therefrom; (C) the unavailability or interruption of the Platform or any features thereof; (D) your use of the Platform; (E) the content and materials contained on the Platform; (F) or any delay or failure in performance beyond our control or any of our affiliated parties.
- for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Service or other non-performance of this Agreement or otherwise.
- 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.
- 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.
16. Third Party Content:
Third party content and materials may appear on the Platform or may be accessible via hyperlinks from the Platform. We are not responsible for and assume no liability whatsoever for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content and materials appearing on the Platform or accessible via hyperlinks from the Platform.
17. Communications:
You hereby expressly agree to receive communications by way of SMS, e-mails, WhatsApp notifications, mobile app and browser notifications, and any other messages from time to time from EarnKaro relating to Services provided through the Website.
18. Indemnity:
You hereby indemnify and keeps indemnified, saved, defended, and harmless on a full indemnity basis the Platform and all persons claiming under us (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands, causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:
- harm of any nature whatsoever, caused to the Platform or loss of any data or system slow-down experience on the Platform, by downloading or installing any code or any other content on the Platform by you.
- sharing or disclosing its login details with any other person.
- Loss or damage caused to you as a result of the Platform slowdown, unexpected crashes, slowdowns, or any similar technical or system errors.
- Any third-party claims arising out of your use of our Platform in any other manner than by the terms and conditions of this Agreement.
- Breach committed by you of any of its obligations under the terms and conditions of this Agreement.
Though we take the utmost care and the most stringent measures to ensure that the information present on the Platform is accurate and up to date, we do not take any liability for any error or omission or any loss arising from the same.
19. Data Privacy
- The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are dealt with in the Privacy Policy, which the User has the responsibility to read and understand the usage of such information by the Platform.
- We may about the Platform, collect information relating to the devices through which you access the Platform, and anonymous data of your usage. The collected information will be used only for improving the quality of the Platform and to build new services. You hereby authorize and permit us to collect the aforesaid information.
- We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to us or any other person acting on behalf of the Platform.
- The user is responsible for maintaining the confidentiality of their Account information. The User shall be responsible for all usage of the User’s information, whether or not authorized by the User. The User shall immediately notify us of any actual or suspected unauthorized use of the user’s account information. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses incurred by EarnKaro or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to discontinue the right of the user to use the Platform at our sole discretion.
- We may use such information collected from the Users from time to time to debug customer support-related issues.
20. Assignment
We reserve the right to assign this Agreement, or delegate any of our rights and obligations under it. You are not permitted to assign, transfer, or subcontract any of your rights or obligations under this Agreement without our prior written approval.
21. Entire Agreement:
The Terms, together with Retailer’s terms & conditions, Privacy Policy of EarnKaro any other terms provided by EarnKaro, constitute the entire agreement between the Platform and you, 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 by us.
22. Modification:
We reserve the right to change this Agreement from time to time and post the new version on the Platform. When we do so, we will post the new version of the Agreement on the Service, and the new version of these terms and conditions will take effect and will govern the Service and your relationship with us.
23. Severability:
If any provision of these Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision, and all other provisions of this Terms shall continue to be in full force and effect.
24. Relationship Between The Parties
The relationship between EarnKaro and you are that of independent entities. Nothing in this Agreement creates or implies any partnership, joint venture, agency, employment, or franchise relationship between the parties. You shall have no authority to bind or obligate us in any manner. Each party retains full control and discretion over its activities and operations. Furthermore, you acknowledge that you are not exclusive to us and may engage with similar or competing platforms or entities. The rights and obligations outlined in this Agreement are solely for the purposes outlined herein and do not extend beyond the scope of this Agreement.
25. Waiver
- No provision of these Terms shall be deemed to be waived and no breach excused unless such waiver or consent shall be in writing and signed by us.
- Any consent provided by us, or a waiver by us of any breach committed by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
26. Governing Law:
- This Agreement, and our relationship with you and each Member, is governed as per the Indian Laws. You and we each submit to the non-exclusive jurisdiction of the Indian courts in relation to disputes arising in connection with this Agreement.
- In the event of a dispute, the parties shall first attempt to resolve the matter amicably through good-faith negotiations. If such negotiations do not result in a resolution within a reasonable period, either party may initiate legal proceedings under the governing law and jurisdiction specified herein.
- These Terms shall be governed by and construed by the laws of India. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its formation, interpretation, performance, or termination, shall be exclusively resolved by the courts of New Delhi, India.
- Both parties agree to submit to the personal jurisdiction of the courts of New Delhi to litigate any such dispute, controversy, or claim. We, in any such dispute, shall be entitled to recover our reasonable attorneys' fees and costs incurred in connection with resolving the dispute.
27. Limited Access
- Certain sections of our Platform are restricted. We retain the right, at our discretion, to limit access to other portions of our Platform or our whole Platform.
- If we discover any data leaks, we will deactivate your account without prior notification or explanation.
28. Compliance With Appliable Laws
The parties agree that they shall at all times and at its own expense (a) strictly comply with all applicable Indian laws, rules, regulations, and governmental orders, now or hereafter in effect, relating to the performance of this Agreement;, (b) pay all fees and other charges required by such laws, rules and regulations and orders; and (c) maintain in full force and effect all licenses, permits, authorization, registrations, and qualifications from all Indian Governmental departments and agencies to the extent necessary to perform its obligations hereunder.
29. Force Majeure
Notwithstanding anything to the contrary contained herein, we shall not be liable for any delays or failures in performance resulting from acts beyond its reasonable control including, without limitation, acts of God, business slowdown, pandemic, epidemic, acts of war, or terrorism, shortage of supply, breakdowns or malfunctions, interruptions or malfunction of computer facilities, or loss of data due to power failures or mechanical difficulties with information storage or retrieval systems, labour difficulties or civil unrest.
30. Notice
All notices and communications shall be in writing, in English, and shall be deemed given if delivered personally or by commercial messenger or courier service or mailed by registered or certified mail (return receipt requested) or sent via email from support@earnkaro.com.
31. Keeping this Agreement:
We don’t separately file the individual Agreements entered into by Members when they register for the Service. You can access it at www.earnkaro.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer. It is offered in English only.
32. Grievance Officer
In compliance with the Information Technology Act, 2000 and the rules made thereunder, Consumer Protection (E-Commerce) Rules,2020, the details of the Grievance Officer of the Platform for this Agreement are as follows:
Name: Qaisar Farooq
Designation: Director of Customer Experience
Address: 2nd Floor, Gate Number 2, Plot No. 35P, UM House, Sector 44, Gurugram, Haryana 122003
Email ID: qaisar@cashkaro.com
In the event, that any aggrieved user, having any questions or intends to make a complaint regarding
any violation of the provisions of these Terms, may send a written complaint to the Grievance officer who shall redress the complaint within 1 (One) month from receipt of the complaint.
Note:We at Our discretion may modify the aforesaid details from time to time. Providing false, misleading, or inaccurate information to the grievance officer may result in civil and/ or criminal liability.