Terms & Conditions and Privacy Policy – EarnKaro

Welcome to www.earnkaro.com. The Service is operated by Pouring Pounds Ltd and/ or Pouring Pounds India Private Limited (“We”, “Us”, “EarnKaro” or “Our” where such expression shall unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). Please read these terms and conditions (“Terms and Conditions” or “Agreement”) carefully as they contain the legal terms and conditions that you agree to when you use the service provided by us through the Website and the App (“Platform”, “Website”) .

Our membership is available through registration process after you submit certain requested information to EarnKaro. During registration we display our current Terms and Conditions for your perusal.

Please be aware that a member of EarnKaro is not allowed to run any paid ads on Google, Facebook or any other platform pointing to EarnKaro. If the member does not comply with this then it would result in immediate termination of his/her account.

Our Service allows users who register on the Platform (“Members“) and therefore create an account with us (“Account“) to earn profit on tracked purchases from customized links shared by Members on their personal networks from retailers on the Platform (“Retailers“). To qualify for profit, the Retailer must confirm that the Member’s purchase through the customized link is tracked, genuine and successful (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 commission fee for these Qualifying Transactions from Retailers, EarnKaro will pay Members “Profit” for sales generated via their customized EarnKaro links. Please note that if 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.

In the event that the Retailers do not track a transaction using their affiliate tracking system, then such sales might not be paid to EarnKaro, and hence any due or expected profit from these sales will also not be paid to the Member.

Unique Referral Fee:

The EarnKaro Service also provides a unique referral fee to its Members where the Members get ten per cent profit on each new Member’s Profit introduced by them in the manner provided on the Platform (“Qualifying Referral“) as long as they remain a Member themselves. Please see Clause 5 below for details.

If You are a natural person, (i) as a condition to Your use of the Platform, You must be 18 (eighteen) years of age or older; and (ii) by visiting the Platform or accepting these Terms and Conditions, You represent and warrant to Earnkaro that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms and Conditions; provided however that if You are a parent or legal guardian of a person younger than 18 (eighteen) years of age, You are permitted to access and use the Platform for the purposes of procuring the Services, on behalf of such persons. You must register for the Service using accurate and current information about yourself – including your correct name, address and any other requested details. If you are asked for, and provide, details of a bank account or Cheque payment details or other payment mode details into which you wish to receive payments (your “Profit Receipt Method“), you (a) must ensure that you are, and remain, fully entitled to use that profit Receipt Method, and (b) confirm that you wish to receive profit through that Profit Receipt Method. You should keep this information updated through your Account. Please note that Profit payments by Cheque carry an additional fee of Rs 30 to cover for administrative costs.

Generation, collection and dissemination of ‘Sensitive Personal Data or Information’ is in accordance with Information Technology Act, 2000 as amended from time to time and allied rules requires the User’s express consent.. By affirming assent to this Policy by clicking on the “I agree with Terms and Policy” button at the time of registration, the User provides consent to such information generation and collection as required under applicable laws. We may also be required to share this data with our retailer partners for the purpose of their risk analysis and any other statutory requirements. By clicking on the “I agree with Terms and Policy” button you allow us to share your data and information with the retailer partner.

Note that your Profit Receipt Method (such as NEFT, Cheque, Gift Cards or other payment modes as We may introduce) may have rules about the maximum or minimum payment that you can receive through that Profit Receipt Method.

Important: You must ensure that the email address and mobile number we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. If you change email address or mobile number, then you must change the details we hold for you on your Account.

After a Member successfully completes a Qualifying Transaction, and once we have received the resulting Profit for that Qualifying Transaction, we pass that Profit to the Member through his/her Profit Receipt Method.

Please note that 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. 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 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 Qualifying for Profit Transaction (including Profit through a Qualifying Referral) 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 Profit 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. 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 NEFT, Cheque, Gift Cards 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.

You can withdraw your validated profit when you have 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 INR 10 then the entire amount will be forfeited. If the validated Profit in your account is Rs 250 or above, then you can request payment of the same via any of the Profit Receipt Methods. Profit payments by Cheque carry an additional fee of Rs 30. This is charged by our Bank to cover administration and postage costs. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.

You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Platform (including the material which is contributed by Members or Retailers) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Platform, or any of the material which is found on the Platform unless properly licensed to do so by us.

By uploading or including any material on the Platform, a Member expressly grants:

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

Our Privacy Policy forms part of this Agreement, and by entering into this Agreement you also give your consent to the way we handle your personal data under that policy. Given the global nature of the World Wide Web, please note that a posting on the Platform may be accessible to internet users around the world.

Pouring Pounds Limited and/ or Pouring Pounds India Private Limited (as the case may be) ( We”, “Our”, “EarnKaro” or “Us”, where such expression shall unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns) own and/ or operate the website and mobile application EarnKaro.com (“Website”, “Our Website”, “Site”).
For the purpose of providing the Services (as defined in clause 1 below), EarnKaro is required to collect and use certain information of the users of the Website (“Users”) using the Services and involves capturing, storage and transmission of such information. This privacy policy (“Privacy Policy“/ “Policy”) explains how We collect, use, share and protect personal information of the Users of the Services (jointly and severally referred to as “You”, “Your”, “Yourself” or “User” or “Users” in this Privacy Policy). We have created this Privacy Policy to ensure our steady commitment to the privacy of the information of the Users who interact with our Services. Your use of and access to the Services is subject to this Privacy Policy and our Terms and Conditions. Any capitalized term used, but not defined, in this Privacy Policy shall have the meaning attributed to it in our Terms and Conditions.

The headings used herein are only for the purpose of arranging the various provisions of the Privacy Policy. The headings are for the purpose of reference only and shall not be interpreted to limit or expand the provisions of the clauses contained therein.

8.1. Definitions

In this Privacy Policy, unless the context otherwise requires, the terms defined shall bear the meanings assigned to them below, and their cognate expressions shall be construed accordingly.

1. “Personal Information” shall have the same meaning as given in Rule 2(1)(i) of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 to mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person.
2. The SPI Rules further define “Sensitive Personal Data or Information” of a person to mean Personal Information about that person relating to:
   1. passwords;
   2. financial information such as bank accounts, credit and debit card details or other payment instrument details;
   3. physical, physiological and mental health condition;
   4. sexual orientation;
   5. medical records and history;
   6. biometric information;
   7. information received by body corporate under lawful contract or otherwise;
   8. visitor details as provided at the time of registration or thereafter; and
   9. call data records.
3. “You”, “Your”, “Yourself” and “User” shall mean and refer to natural & legal individuals and legal entities/companies who visit and/or use the Services and will also include the individuals/entities/companies who avail the services by submission of details by some other person
4. “Third Parties” refer to any website/application/web portal, company or individual apart from the User and Us.
5. “Services” shall mean the Website (https://earnkaro.com/) and Mobile Application (EarnKaro) and contextual information transmitted to/ received from Users via various communication channels including but not limited to e-mail, SMS, WhatsApp, phone calls, website chat, IVR. We are primarily engaged in the business of allowing Users to share customized links for various products in the network of such Users, the customized links drive sales to e-commerce websites and in turn the Users earn cashbacks. We currently operate under the brand name EarnKaro.
6. “User Information” shall mean Personal Information and Sensitive Personal Data or Information.
7. “Website” shall mean and refer to https://earnkaro.com/, the “Application” and/ or “App” shall refer to the EarnKaro mobile application available on Android Play Store or iOS App Store. These shall be collectively referred to as the “Platform”

8.2. WHY THIS PRIVACY POLICY?

This Privacy Policy is published in compliance with, inter alia,

1. Section 43A of the Information Technology Act, 2000;
2. Regulation 4 of the SPI Rules; and
3. Regulation 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 (“Intermediaries Guidelines”).

This Privacy Policy states, inter alia, the following:

1. The type of information collected from the Users, including Sensitive Personal Data or Information;
2. The purpose, means and modes of usage of such information; and
3. How and to whom we will disclose such information

8.3. GENERAL

1. The User unequivocally agrees that this Policy and the aforementioned Terms and Conditions constitute a legally binding agreement between the User and EarnKaro, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by EarnKaro including the Services, and that the same shall be deemed to be incorporated into the Terms and Conditions, and shall be treated as part of the same.
2. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Further, this document is published in accordance with the provisions of the SPI Rules and Intermediaries Guidelines.
3. The terms ‘Party’ and ‘Parties’ shall respectively be used to refer to the User and EarnKaro individually and collectively, as the context so requires.
4. The headings of each section in this Policy are only for the purpose of organizing the various provisions under this Policy in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
5. The Parties expressly agree that subject to clause 13 of this Policy, EarnKaro retains the sole and exclusive right to amend or modify the Policy and the aforementioned Terms and Conditions without any prior permission or intimation to the User keeping in mind best practices and laws set by State/Central Government of India, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the Policy and Terms and Conditions and stay updated on their provisions and requirements. If the User continues to use the Services following such a change, the User will be deemed to have consented to any and all amendments/ modifications made to the Policy and Terms and Conditions. In so far as the User complies with the Policy and Terms and Conditions, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter, access and use the Services.

8.4 COLLECTION AND HANDLING OF PERSONAL INFORMATION

Privacy of the Parties is of prime importance to Us and all Services are strictly designed within the jurisdiction of laws defined by the Government of India.

Generally, the Services require us to know who you are so that we can best meet your needs. When you access the Services, we may ask you to voluntarily provide us with certain information that personally identifies you or could be used to personally identify you. Without prejudice to the generality of the above, information collected by us from you may include (but is not limited to) the following:

1. Contact data (such as your email address and phone number);
2. User name and passwords;
3. Demographic data (such as your name, gender, age, your date of birth and your pin code);
4. Data regarding your usage of the services and other transactions made by or with you through the use of Services;
5. Information about your clicks on and from EarnKaro mobile device, web browser, web and mobile browsing patterns, retailer preferences
6. Your bank account information including name of the bank account, account number, IFSC code, bank branch or any other payment related information
7. Any other information that you voluntarily choose to provide to us (such as information shared by you with us through emails, calls or letters, your work details, home / work address, your family details, details about transactions done on ecommerce sites, screenshots of transactions, order IDs for transactions, alternate numbers and emails and various other information provided from time to time).

The information collected from You by Us shall constitute ‘Personal Information’ or ‘Sensitive Personal Data Information’ under the SPI Rules.

8.5. PRIVACY STATEMENTS

The User expressly agrees and acknowledges

1. Information that is freely available in the public domain or accessible under the Right to Information Act, 2005 or any other law will not be considered as ‘Personal Information’ or ‘Sensitive Personal Data or Information’ for the purposes of this Policy.That EarnKaro may automatically track information about the User based on the User’s IP address and the User’s behaviour on the Platform, and the User expressly consents to the same. The User is aware that this information may be used to conduct internal research on user demographics, interests, and behaviour, to enable EarnKaro to better understand, and cater to the interests of the Users. Further, the User is expressly made aware that such information may include the User’s computer & web browser information, the User’s IP address, mobile device details etc. The linkage between User’s IP address and User’s personally identifiable information may be shared with or disclosed to third parties in order to facilitate the provisions of the Services to You. The User hereby consents to the sharing of such information to such third parties as may be determined by EarnKaro from time to time. Further, we may also share and/or disclose some of the aggregate findings (not the specific data) in anonymized form (i.e., non-personally identifiable) with third parties for market research and new feature development.
2. That any and all information pertaining to the User collected by EarnKaro, whether or not directly provided by the User to EarnKaro, including but not limited to personal correspondence such as emails or letters or SMS or WhatsApp or calls, feedback from other users or third parties regarding the User’s activities or postings on the Platform, etc., may be collected and compiled by EarnKaro into a file/folder specifically created for/allotted to the User, and the User hereby expressly consents to the same.Also, in order to keep You informed of Your activities on the Website we occasionally send You emails, SMS, App notifications and other marketing communication. These include Your transaction messages to show how much You have earned, referral messages that show You how much You have earned from referrals, payment confirmations for payments to You and, important administrative messages and messages to confirm Your activities on the Website. These emails are not shared with anyone else apart from You.We also send newsletters, SMSs, App notifications, browser notification and other marketing that features some of our best ideas to help You save more. You may choose not to receive this marketing communication from EarnKaro by informing Us at any time.
   We do not support spamming by our members and we explicitly prohibit it in our Terms and Conditions. If You would like to report an incident of spamming, please contact us so we can investigate and take suitable action.
3. That the contact information provided to EarnKaro may be used to send the User offers and promotions, whether or not based on the User’s previous interests, and the User hereby expressly consents to receiving the same. The User may choose to unsubscribe from promotional communications by clicking on the ‘unsubscribe’ link provided at the end of such promotional communication or by emailing us on support@earnkaro.com
4. That EarnKaro may occasionally request the User to complete optional online surveys. These surveys may require the User to provide contact information and demographic information (like zip code, age, income bracket, sex, etc.). The User is aware that this information is used to improve/customise the Services for the benefit of the User and providing all users of the Platform with services that EarnKaro believes they might be interested in availing of.
5. That EarnKaro may keep records of electronic communications and telephone calls received and made for support or other purposes for the purpose of administration of Services, customer support, research and development and for better assistance to Users.That EarnKaro may occasionally request the User to write reviews for services availed of by the User from the Platform. The User is aware that such reviews will help potential users of the Platform in availing the Services, and the User hereby expressly authorizes EarnKaro to publish any and all reviews written by the User on the Platform, along with the User’s name and certain contact details, for the benefit and use of other users.
6. Nothing contained herein shall be deemed to compel EarnKaro to store, upload, publish, or display in any manner content/reviews/surveys/feedback submitted by the User, and the User hereby expressly authorizes EarnKaro to remove from the Platform any such content, review, survey, or feedback submitted by the User, without cause or being required to notify the User of the same.
7. Generation and collection of ‘Sensitive Personal Data or Information’ in accordance with Information Technology Act, 2000 as amended from time to time and allied rules requires the User’s express consent. By affirming assent to this Policy as well as clicking on the “I agree with Terms and Policy” button at the time of registration, the User provides consent to such generation and collection as required under applicable laws.
8. The User is responsible for ensuring that the accuracy of the information submitted to EarnKaro. The User may correct, delete inaccuracies, or amend information by contacting EarnKaro through email on support@earnkaro.com. EarnKaro will make good faith efforts to make requested changes in the databases as soon as reasonably practicable. If the User provides any information that is untrue, inaccurate, out of date or incomplete (or becomes untrue, inaccurate, out of date or incomplete), or EarnKaro has reasonable grounds to suspect that the information provided by the User is untrue, inaccurate, out of date or incomplete, EarnKaro may, at its sole discretion, discontinue the provision of the Services to you as per the provisions laid down in the Terms and Conditions. There may be circumstances where Pouring Pounds will not correct, delete or update your Personal Data, including (a) where the Personal Data is opinion data that is kept solely for evaluative purpose; and (b) the Personal Data is in documents related to a prosecution if all proceedings relating to the prosecution have not been completed.
9. All the information provided to Us by a User, including Sensitive Personal Data or Information, is voluntary. User has the right to withdraw his/ her/ its consent at any time, in accordance with the terms of this Privacy Policy, and the Terms and Conditions applicable to such User, it being however clarified that withdrawal of consent will not be retroactive. If the User wishes to delete his/her account or request that EarnKaro no longer uses the User’s information to provide Services, the User may contact EarnKaro on support@earnkaro.com. We shall not retain such information for longer than is required for the purposes for which the information may lawfully be used or is otherwise required under any other law for the time being in force. After a period of time, your data may be anonymized and aggregated, and then may be held by us as long as necessary for us to provide our Services effectively, but our use of the anonymized data will be solely for analytic purposes. Please note that your withdrawal of consent, or cancellation of account may result in Pouring Pounds being unable to provide you with its Services or to terminate any existing relationship Pouring Pounds may have with you.
10. If you wish to opt-out of receiving non-essential communications such as promotional and marketing-related information regarding the Services, please send us an email at support@earnkaro.com.

8.6. OUR USE OF YOUR INFORMATION

All the information provided to EarnKaro by a User, including Personal Information or any Sensitive Personal Data or Information, is voluntary. Such information in its original form may be shared with any Third Parties in furtherance of the consent from the User as provided hereunder. You understand that EarnKaro may use certain information of yours, which has been designated as Personal Information or ‘Sensitive Personal Data or Information’ under the SPI Rules for the following purposes:

1. providing you the Services;
2. taking product & Services feedback;
3. for offering new products or services and marketing of the Services;
4. for analysing software usage patterns for improving product design and utility;
5. for providing the services of generating alerts/reminders/SMS for offers and also for internal record.
6. for commercial purposes and in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes,
7. for sale or transfer of such research, statistical or intelligence data in a non-personally identifiable form to third parties and affiliates;
8. debugging customer support related issues; and

We may use your tracking information such as IP addresses, and or Device ID to help identify You and to gather broad demographic information.

In case we are acquired by or merged with another company, We shall transfer information disclosed by You and information about You to the company we are acquired by or merged with, and such company will have the right to continue to use the User’s Personal Information and/ or other information that a User provides to Us. In the event of a merger or acquisition, We shall notify You by email/by putting a notice on the Website and/ or Application before Your Personal Information is transferred and becomes subject to a different privacy policy.

The Users expressly agree and acknowledge that EarnKaro collects and stores the User’s Personal Information and/or Sensitive Personal Information in a secure cloud based platform which is provided by the User from time to time on the Platform or while using other Services.

The User is aware that this information will be used by EarnKaro to deliver its services and help customize/improve the Platform experience safer and easier but no personally identifiable information will be shared with any Third Party under any circumstances without User’s explicit consent unless directed by the law.

EarnKaro may need to disclose/ transfer User’s Personal Information to the following third parties for the purposes mentioned in this Privacy Policy, and the Terms and Conditions as applicable to such User:

1. To government institutions/ authorities to the extent required:
   1. under the laws, rules, and regulations and/ or under orders of any relevant judicial or quasi-judicial authority;
   2. to protect and defend the rights or property of EarnKaro;
   3. to fight fraud and credit risk;
   4. to enforce EarnKaro’s Terms and Conditions applicable to the Users; or
   5. when EarnKaro, in its sole discretion, deems it necessary in order to protect its rights or the rights of others.
2. If otherwise required by an order under any law for the time being in force including in response to enquiries by government agencies for the purpose of verification of identity, or for prevention, detection, investigation including cyber incidents, prosecution, and punishment of offences.

However, We contract with third parties to serve ads on our behalf across the Internet and sometimes on this site. They may collect information about Your visits to our website, and Your interaction with our products and services. They may also use information about Your visits to this and other websites to target advertisements for goods and services. This information is collected through the use of a pixel tag, which is industry standard technology used by most major websites. Such third parties are not permitted to sell or share Your personally identifiable information as part of this process.

The following third-party vendors, including Google, Facebook, advertising platforms, remarketing platforms like CleverTap, customer query management platforms like Freshworks & Exotel use cookies to serve ads based on a user’s prior visits to Your website.

Google’s use of the DoubleClick cookie enables it and its partners to serve ads to your users based on their visit to your sites and/or other sites on the Internet.

Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting Ads Settings.

8.7. CONFIDENTIALITY AND SECURITY

8.7.1. Your information is regarded as confidential and therefore shall not be divulged to any Third Parties, unless as provided hereunder and unless legally required to do so to the appropriate authorities, or if necessary, for providing the Services through the Platform.

8.7.2. Your Personal Information/Sensitive Personal Data is maintained by Us in an electronic form on our equipments, and on the equipments of our employees. Such information may also be converted to physical form from time to time.

8.7.3. People who can access your Personal Information
User Information will be processed by our employees, authorised staff, marketing agencies or agents, on a need to know basis, depending on the specific purposes for which the User Information have been collected by Us. EarnKaro may, therefore, retain and submit all such records to the relevant stakeholders.

8.7.4. Security Practices. We treat data as an asset that must be protected against loss and unauthorised access. We employ many different security techniques to protect such data from unauthorized access by members inside and outside EarnKaro. We follow generally accepted industry standards to protect the User Information submitted to Us and information that We have accessed, including managerial, technical, operational and physical security control measures. However, for any data loss or theft due to unauthorized access to the User’s electronic devices through which the User avails the Services, We shall not be held liable for any loss whatsoever incurred by the User.

8.7.5. Measures We expect you to take: It is important that you also play a role in keeping your User Information safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in Our Platform.

8.7.6. Unauthorised use of User’s account. We do not undertake any liability for any unauthorized use of your account and password. If you suspect any unauthorized use of your account, you must immediately notify Us by sending an email to support@earnkaro.com.

8.7.7. Notwithstanding the above, EarnKaro is not responsible for the confidentiality, security or distribution of your Personal Information by third parties outside the scope of our agreement with such third parties. Further, EarnKaro shall not be responsible for any breach of security or for any actions of any third parties or events that are beyond the reasonable control of EarnKaro including but not limited to the, acts of government, computer hacking, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption.

8.8. RETENTION OF YOUR PERSONAL DATA

In accordance with applicable laws, We will use the User Information for as long as necessary to satisfy the purposes for which such User Information was collected (as described in Section 4 above) or to comply with applicable legal requirements.

8.9. YOUR RIGHTS

8.9.1. Access to Personal Data. You have the right to access, review and request a physical or electronic copy of information held about you. You also have the right to request information on the source of your Personal Information/Sensitive Personal Information.

8.9.2. Additional rights (e.g. modification, deletion of Personal Data). Where provided by law, you can (i) request deletion, the portability, correction or revision of your User Information; (ii) limit the use and disclosure of your Personal Data; and (iii) revoke consent to any of our data processing activities. Provided that, we may be required to retain some of your User Information after you have requested deletion, to satisfy our legal or contractual obligations. We may also be permitted by applicable laws to retain some of your User Information to satisfy our business needs.

8.10. CHILDREN’S AND MINOR’S PRIVACY

We strongly encourage parents and guardians to supervise the online activities of their minor children and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools can also prevent minors from disclosing their name, address, and other personally identifiable information online without parental permission. Although the Services are not intended for use by minors, We respect the privacy of minors who may inadvertently use the internet or the mobile application.

8.11. CONSENT TO THIS POLICY

You acknowledge that this Privacy Policy is a part of the Terms and Conditions of the Website and the other Services, and you acknowledge that you have unconditionally agreed as User of the Platform and the Services signifies your assent to this Privacy Policy. Your visit to the Website, use of the App and use of the Services is subject to this Privacy Policy and the Terms and Conditions.

8.12. COOKIES

When You avail our Services on the Platform, a persistent cookie is placed on Your computer.

This enables us to track any purchases You make with our participating retailers and award cashback / rewards / points to You. If You do not have such persistent cookies enabled on Your computer You will not be able to earn cashback / points on Your online shopping via Our Platform.

Disabling/enabling cookies: You have the ability to accept or decline cookies by modifying the settings in Your browser. However, You may not be able to use all the interactive features of Our Platform if cookies are disabled.
Please note: if You disable the cookies in Your browser which are used to track Your purchases via Our Platform, You will not be able to earn cashback / point when You shop from our website.

There are a number of ways to manage cookies. If You use different computers in different locations You will need to ensure that each browser is adjusted to suit Your cookie preferences.

You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer:

1. Open ‘Windows Explorer’
2. Click on the ‘Search’ button on the tool bar
3. Type “cookie” into the search box for ‘Folders and Files’
4. Select ‘My Computer’ in the ‘Look In’ box
5. Click ‘Search Now’
6. Double click on the folders that are found
7. ‘Select’ any cookie file
8. Hit the ‘Delete’ button on your keyboard

If you are not using Microsoft Windows Explorer, then you should select “cookies” in the “Help” function for information on where to find your cookie folder

8.13. AFFILIATE COMMISSION

EarnKaro, an affiliate platform, is essentially a service provider that connects retailers and publishers. EarnKaro is not liable to pay for any commission which is cancelled by the partner retailer due to any reason whatsoever and not limited to bulk buying, self consumption, unattributed sale, return or cancellation of product and/or violating any affiliate policy of our partner retailer. Users are required to constantly keep a check on profit rates and terms of campaigns as these are subject to change real time without prior notice. EarnKaro reserves the right to cancel the profit as directed by the partner retailer. By signing up on EarnKaro, user agrees to abide by this clause.

8.14. AMENDMENTS OR CHANGE TO PRIVACY POLICY

EarnKaro may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way EarnKaro treats User Information, or in the Privacy Policy itself, EarnKaro will display a notice on the Website or send Users an email, as provided for above, so that the User may review the changed terms prior to continuing to use the Services. As always, if the User objects to any of the changes to our terms, and the User no longer wish to use the Services, the User may communicate the same to support@earnkaro.com to deactivate Your account. Unless stated otherwise, the current Privacy Policy applies to all information that EarnKaro has about You and Your account.

If a User uses the Services after a notice of changes has been sent to such User or published on the Platform, such User hereby provides his/her/its consent to the changed terms.

8.15. ADDRESS FOR PRIVACY QUESTIONS

Should You have any questions about this Privacy Policy or EarnKaro’s information collection, use and disclosure practices, You may contact, the Data Protection Officer appointed by EarnKaro. We will use reasonable efforts to respond promptly to any requests, questions or concerns, which You may have regarding our use of Your Personal Information. If You have any grievance with respect to Our use of Your information, You may communicate such grievance to the Data Protection Officer:

Name: Manish Saini, IT Manager
Pouring Pounds India Private Limited,
UM House, 2nd Floor, Gurgaon, Sector 44, 122002, Haryana, India
Email: support@earnkaro.com

We are not a party to any transactions with Retailers, 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.

Accordingly, we have no control over or responsibility for:

1. the quality, safety, or legality of those goods or services available from Retailers; or
2. 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.

We reserve the right to suspend or terminate any Members access to our service, or parts of it, if in our reasonable view the relevant Member or Account appears to be in breach of any provision of this Agreement.

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:

1. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
2. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
3. 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;
4. 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);
5. does not breach the rights of any person or entity (including any rights or expectations of privacy);
6. where it constitutes feedback on a Retailer, is accurate and fair; and
7. 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 Platform or our Service or misused the Platform or the 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 Platform 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.

If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:

1. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
2. to respond promptly and accurately to it, should we pass the message to you for a response.

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, which you must comply with. Provided that those terms are notified to you on the Platform 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.

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. We will endeavour 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 our service. 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 will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the 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 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.

1. By applying to EarnKaro Amazon Affiliate Program, the User is guided and expected to abide by a separate T&C document. The user shall adhere to the Privacy Policy which is common for EarnKaro & EarnKaro Amazon Affiliate Program.
2. This is a moderated program and only eligible users (as decided by EarnKaro and/or Amazon) will be allowed to function.
3. If a user is blocked either by EarnKaro or Amazon, any amount pending shall stand cancelled and forfeited.
4. EarnKaro and/or Amazon, reserves the right to allow/disallow/block the users from accessing the program.

Disclaimer:

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

1. We warrant that the Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Service, but we cannot and do not guarantee that the Service will meet your requirements.
2. 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.
3. Limitation of Liability: Subject always to sub-Clause d. 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 EarnKaro 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 in lieu of all other remedies which you may have against us and any affiliated party to us.
4. 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
   1. (A) 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.
   2. 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.
   3. 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.
   4. 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 14 shall survive the termination or expiry of this Agreement.

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.

You hereby expressly agree to receive communications by way of SMS, e-mails, mobile app and browser notifications, and any other messages from time to time from EarnKaro relating to Services provided through the Website.

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.

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.

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

We reserve the right to change this Agreement from time to time, and post the new version on the Service. 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:

1. commencing no less than three 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
2. 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.

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 us 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.

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.

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.

You can reach us on ‘support@earnkaro.com’.