USER AGREEMENT

Before using the Megabonus Web Service, one must read closely this user agreement (hereinafter referred to as the – «Agreement»), which determines the rights and obligations of the Organization and the User when using the Megabonus Web Service, as well as the relevant documents constituting an integral part hereof (privacy policy, terms of use of individual services, if any, etc.). The Agreement may be amended by the Organization without any special notice, and the new version of the Agreement shall enter into force upon its posting on the Internet, unless otherwise provided for by the new version of the Agreement. The current version of the Agreement is always on the page at https://megabonus.com/en/conditions.

The Agreement is addressed to an indefinite number of legally capable individuals and is a public offer, the full and unconditional acceptance of the conditions of which shall be deemed to be the implementation of the relevant implicative actions, namely, registration in the Web Service and/or the start of using the Web Service / its individual features. The User shall be considered to have accepted the terms of the Agreement in full, without any reservations or exceptions. The User shall not be entitled to use the Service in case of disagreement with any of the provisions hereof.

TERMS AND DEFINITIONS

1.1. The Megabonus Web Service (Web Service) is an Internet web service in the form of hardware-software complex that is available on the Website, in mobile applications and partially in the Extension, allowing the User to receive Cashback, information and advertising notifications about discounts, promotions and special offers of the Web Service and the Online Stores, as well as to use other related functions of the related functions of the Web Service Sections.

1.2. The Megabonus Web Service Sections (Web Service Sections) are web services that are integral parts of the Megabonus Web Service (Cashback Web Service, Product Reviews, Smart Cart, Shipment Tracking, etc.), that provide the User with the opportunity to use various functions of the Web Service which together form a web services (eco)system.

1.3. Legislation, unless otherwise stated, is the current legislation of the Republic of Cyprus.

1.4. The Organization - Webimatic Ltd - is a legal entity incorporated and existing in accordance with the laws of the Republic of Cyprus which is the legal owner of the Web Service and ensures the provision of information technology services to the Users in accordance with this Agreement.

1.5. The Web Service Web Site (Website) is a set of programs for electronic computers and other information contained in an information system, access to which is provided through the information and telecommunications network Internet (formerly and hereinafter – the “Internet”) by domain names that allow identifying web sites on the Internet, and, thus, is a collection of pages united by a common theme, design, having an interconnected system of links located on the Internet at https://megabonus.com.

1.6. The Program (a mobile application for Android and a mobile application for iOS) is software download links to which are placed on the Website, which is available for download from the Internet and allows the User to use the Web Service Sections, inter alia receive Сashback when shopping in Online Stores.

1.7. The Megabonus Browser Extension (Extension) is a computer program available to the User for installation on his/her Device at the appropriate address on the Internet, installing which the User expands the functionality of a web browser and gets the opportunity to use the relevant functionality of the Web Service through the operation of this Extension.

1.8. The User is a legally capable individual, an Internet user who has accepted the Agreement and uses the Web Service via the Device.

1.9. The Device is any technological device of the User that allows using the Web Service through the Website, Extension or Program.

1.10. Personal Account (Account) is a special personal separate section of the Web Service available to the User after the Registration where the information necessary for using the Web Service and generated during the use of the Web Service is available to him/her. The Personal Account allows not only to use the features of the Web Service, but also to configure its components in accordance with the User’s preferences and wishes (within the framework of a possible choice).

1.11. Private Account is a system of accounting for remuneration, Cashback to be transferred to the User, available on the Website, in the Application and in the Program. Access to the Private Account shall be carried out through the User’s Personal Account by entering a username and password which are a unique set of characters determined by the User in the course of registration (that can be updated in future) intended for access to the Personal Account.

1.12. The Registration is completing by the User of an electronic form located on the Web Service by specifying the required information, determining a username and password, or authorizing the User through social networks.

1.13. Cashback is the return to the User (by using the Web Service) of a portion of the money spent by him/her for purchases in Online Stores.

1.14. Online Store is a legal entity and/or individual entrepreneur which/who is in a relationship with the partners of the Web Service (hereinafter - the “Web Service partners”), so that the Web Service Users can get a Cashback when they make purchases in the Online Store, subject to the relevant conditions. The list of Online Stores, conditions and amounts of Cashback and other related information are available to the User on the Website and/or in the Program, and/or in the Extension.

1.15. The Goods are goods, works or services offered by Online Stores for purchase by the Users.

SCOPE. GENERAL PROVISIONS

2.1. License exception

In accordance with the terms hereof, the User shall receive non-exclusive right to use the Web Service unlimited in terms of the usage territory and time, provided in the form of software, for personal non-commercial purposes (without the right to distribute, decompile, modify, transfer to third parties). Such software is provided “as is”. The designations, logos, trademarks of the Web Service, trademarks and commercial designations of the partners, as well as other data, results of intellectual activity and means of individualization published and available on the Web Service, are the intellectual property of their owners and are protected by applicable law. The User shall be fully and solely liable for any violation of the rights and legitimate interests of any third parties, including losses (in the form of real damage or lost profits), if any, occurred due to violation of the Agreement by the User.

2.2. By accepting the terms hereof, the User agrees to messaging (sending to the User) to his/her e-mail address which the User independently and on his/her own initiative provides during registration, as well as sending browser and mobile push messages. The parameters for sending informational and advertising messages (including the refusal to receive such messages) can be changed by the User in the Personal Account. By accepting the terms hereof, the User confirms his/her consent to receive technical messages and advertising materials from the Web Service about the services, promotions and news of the Web Service and Online Stores.

2.3. The Web Service undertakes not to take part in and not to have any relation to any activity if this activity is contrary to the norms, morality, ethics and generally accepted rules of behavior, to the extent that it is reasonably possible.

Such activities may include those causing harm to the society or to certain individuals:

goods and/or services of a pornographic nature;
prostitution;
slave trade;
human organs and tissues trade;
unauthorized experiments on objects of animal or plant origin;
any experiments on people;
activities that exactly cause irreparable damage to the environment;
arms trade without the necessary licenses and permits, and with violations of the law;
licensed activities without valid licenses and/or permits;
medicines and medical preparations, biologically active additives for which there is no reliable information about their safety;
historical, cultural values, museum exhibits the trade of which is prohibited by law;
statutorily prohibited drugs and psychotropic substances, types of psychologically harmful effects on humans and animals;
trade of counterfeit goods with full or partial copies of registered trademarks, with other violations of copyright, patent or other related rights;
charity, contributions, donations without a license (registration), and in violation of the law;
sale of software without an agreement with the suppliers (distributors) and/or copyright holders;
sale of audio, video, photos, books, paintings, as well as other materials that are objects of copyright, without agreements with the copyright holders;
all types of gambling prohibited by the applicable laws, bookmakers, sweepstakes, lotteries, except for the persons engaged in such activities in accordance with the applicable laws;
sale and distribution of products and materials that promote violence, ethnic dissension, terrorism and extremist activities;
goods and/or services prohibited or restricted by law;
all and any types of activities aimed at the money laundering and the terrorism financing, including tax evasion, corruption, fraudulent activities, prohibited types of operations with cash and non-cash funds, securities and other financial instruments;
any religious activity or activity related to the circulation of religious and devotional objects, regardless of whether it is recognized as legal or illegal, including the activities of religious organizations.

The specified list is not exhaustive, and the Web Service shall be entitled to supplement it at its sole discretion.

2.4. The rules and description of the conditions of the “Refer a Friend” program placed on the Web Service also constitute an integral part hereof.

2.5. The Organization is not a tax agent of the User. The User shall independently pay taxes and fees on the amount of money received as part of using the Web Service, in accordance with the applicable laws of the country of which the User is a citizen. The Organization is under no circumstances liable for the User’s failure to fulfill his/her obligations.

2.6. Financial settlement of relations with the Users, including Cashback payments, can be carried out by the Web Service using web services and software solutions of third parties, inter alia through APSYSTEMS INTERNATIONAL CORP.

2.7. Any comments on Megabonus' security are welcome at security@megabonus.com. All submissions which result in a change of code or configuration are claim for bounties, ranging from $50 to $100 or more, depending on the severity of the issue. Please note that we can not offer bounties for issues that are disclosed to the public before they are addressed.

REGISTRATION AND AUTHORIZATION

3.1. In order to use the Web Service or its individual functions, the User shall pass the Registration procedure which entails a creation of a Personal Account for the User. During the Registration, the User shall specify an e-mail address and password, or perform the Registration using personal accounts of the following social networks:

VKontakte;
Odnoklassniki;
Google;
Facebook.

3.2. The Registration shall be considered to be completed upon filling out the electronic form and sending it to the Web Service by pressing the “Sign in” or similar button during the initial authorization using one of the personal accounts of the social networks (Clause 3.1 hereof).

3.3. The User represents and warrants that the data specified during the Registration:

are relevant, complete and reliable;
do not refer to third parties.

The User agrees to keep this data up to date.

If the User provides incorrect information or the Web Service has reasons to believe that the information provided by the User is incomplete and/or false, the Web Service shall be entitled to block or delete the User’s Personal Account at its discretion, refusing the User to use both individual functions and/ or the entire Web Service.

3.4. The Web Service reserves the right to require the User at any time to confirm the data specified during the Registration in the Web Service, as well as other information related to the use of the Web Service, available to the User in the Web Service after authorization using the User’s username and password. For the purpose of verifying the data stated by the User, the Web Service shall be entitled to request supporting documents (in particular, identification documents or their copies duly certified). If the User fails to submit such documents the Web Service, at its discretion, may equate this to providing false information and apply measures provided for hereby. If the User’s data specified in the documents submitted by him/her do not correspond to the data specified during the Registration, as well as if the data specified during the Registration do not allow to identify the User, the Web Service shall be entitled to deny the User access to the Personal Account and the use of the Web Service.

3.5. By registering, the User declares/confirms his/her full legal capacity in full accordance with the legislation of the state of which he/she is a citizen.

3.6. After the Registration, the User gains access to the Personal Account for the full functioning of which the User shall provide the relevant data, including filling in the payment details in the “My Details” section.

3.7. The User shall be solely liable for the security (including resistance to guessing) of the means of access to the Personal Account selected by him/her, as well as shall independently ensure their confidentiality. The User shall neither communicate or transmit to other people the username and password from his/her Personal Account, nor save them on computers, phones or tablets that do not belong to him/her. The User shall be solely liable for all actions (as well as their consequences) within or using the Web Service under his/her username and password, including cases of voluntary transfer by the User of data for access to the User’s Personal Account to third parties under any conditions (including under contracts or agreements). All actions committed using the User’s means of access shall be considered to be the User’s actions. The Web Service shall not be liable for any negative consequences that have occurred due to such circumstances.

PROCEDURE FOR AND METHODS OF USING THE WEB SERVICE

4.1. Using the Web Service, the User shall be entitled to use the Website, download and use the Program and the Extension, use both the Web Service as a whole and its functions (for example, gain various types of rewards, Cashback, make decisions on making purchases in the Online Stores using the capabilities of the Website and/or Programs, and/or Extensions, post content in the Web Service Section “Product Reviews”, etc.).

4.2. When using the Web Service, it is prohibited to the User to:

4.2.1. Modify the software included in the Web Service, inter alia modify, decompile, disassemble, decrypt and perform other actions with the software object code.

4.2.2. Use the Web Service in a manner not expressly provided for herein.

4.2.3. Distribute, copy or otherwise make public the software included in the Web Service.

4.2.4. Try to circumvent technical limitations in the software included in the Web Service.

4.2.5. Use the Web Service, Extension and Program upon termination hereof at the initiative of the Web Service.

4.2.6. Use the content presented on the Web Service, inter alia carry out agent activities on behalf of the Web Service without the consent of the Organization.

4.3. It is prohibited to the User to post content related to the activities the participation in which is not allowed by the Web Service (Clause 2.3 hereof), including:

4.3.1. Obscene or abusive words or phrases (obscenities), pornographic images and texts or scenes of a sexual nature, including those with the participation of minors or representatives of the animal world.

4.3.2. Threats or calls for violence against any persons, commission of illegal actions, violation of the law.

4.3.3. Materials that in any form promote violence, cruelty, calls for incitement to racial, national or religious hatred, as well as links to such materials.

4.3.4. Nazi symbols and attributes.

4.3.5. Propaganda of criminal activity, guidelines for committing illegal actions.

4.3.6. Instructions for committing suicide.

4.3.7. Materials that insult, discredit honour, dignity or business reputation or violate the privacy of other Users or third parties, as well as violate ethical or moral standards.

4.3.8. Materials that violate the exclusive rights of third parties.

4.3.9. Signs of unfair competition and advertising that violates applicable laws on advertising.

4.3.10. Other materials prohibited by the applicable laws.

4.4. Access to the Web Service shall be considered granted upon the Registration (Clauses 3.1.-3.2 hereof).

4.5. Access to the Web Service is provided around the clock, except for the cases of carrying out preventive works, as well as actions or inaction of third parties. The Service shall not bear any liability for the quality of the channels of communication networks through which access to the Web Service or Online Stores is provided. The Web Service admits the possibility of failures in its work associated with technical malfunctions or intentional or unintentional actions of third parties. In the event of such a situation, the Web Service shall not be liable for non-accrual or incorrect accrual of Cashback or other non-performance or improper performance of its obligations in accordance with the Agreement. The Web Service reserves the right to suspend its work as a whole, as well as that of the individual feature set until the elimination of threats or errors. In all cases of the Web Service failure, requests for Cashback reimbursement will not be considered. The Web Service reserves the right to cancel transactions that were carried out during the Web Service failure, if there are objective reasons or suspicions of a possible fraud or error. The Web Service shall make all reasonable efforts to resolve the technical problems that have arisen within a reasonable time period.

4.6. If the User of the Web Service has violated the terms hereof, the rights of third parties or poses a threat to the operation of the Web Service, the Web Service is entitled to block or delete the User’s Personal Account and unilaterally out-of-court terminate the Agreement concluded with the User by notification via e-mail (if any) specified by the User when registering in the Web Service or during its subsequent use.

4.7. The Web Service does not sell any Goods, but is a platform-virtual advertising space through which Users get the opportunity to find offers from Online Stores for the purchase of Goods with the subsequent crediting of Cashback. The Web Service does not participate in the payments between Users and Online Stores concerning the purchase of Goods by Users in Online Stores. All claims regarding the quality of Goods purchased through the Web Service, as well as regarding the relationship with the acquisition of Goods shall be made by the User to the corresponding Online Store.

CASHBACK

5.1. The User shall be entitled to make purchases of the Goods using the Web Service with the subsequent return of part of the money (Cashback) spent by him/her for such purchases according to the conditions specified on the Web Service and in the relevant Online Store. The Web Service shall search for Online Stores that provide Cashback, and transfer the received Cashback to the User in the amount and subject to the conditions specified on the Web Service and in the relevant Online Store.

5.1.1. Increased Cashback - a Cashback that is part of a special offer - a short-term promotion in which, in limited cases and to a certain extent, the User is provided with more favorable conditions for the amount of the Cashback than the standard ones at the relevant online shops. Increased Cashback applies only to the Online Store in which the promotion takes place. Increased Cashback applies to the number of orders that are specified in the terms and conditions of the relevant promotion (restrictions apply both to the maximum number of orders per User under the Increased Cashback and to the total number of orders available under the Increased Cashback). If the purchase is made at the respective Online Store within three hours after the activation of the applicable Increased Cashback offer, the applicable Increased Cashback will be taken into account. Upon activation of an Increased Cashback, the amount of the User's usual Cashback will be multiplied by the multiplier specified in the terms of the relevant promotion. In this case, the amount of the Increased Cashback may not be greater than the amount specified in the terms of the relevant promotion. In some cases, due to certain limitations of the terms and conditions of the Increased Cashback promotion, it is possible that the amount of ordinary Cashback is higher than the amount of the Increased Cashback - in such situations, the User will receive the most advantageous amount of Cashback.

5.2. In order to receive a Cashback, the User shall comply with the conditions contained at https://help-en.megabonus.com/article/257-always-get-cashback.

5.3. Information on possible discounts is available on the Website and in the Program.

5.4. The Cashback amount that can be credited to the User’s Private Account is displayed in his/her Personal Account. Cashback is credited to the Private Account in US Dollars. In case of calculation of Cashback in a currency other than the one mentioned above, it is converted to US Dollars with a 4% commission deduction. The User agree that the crediting data may deviate from the actual crediting, as the Cashback amount shall be confirmed by the partner. The Cashback amount not confirmed by the partner cannot be credited, and the Web Service shall not be liable for such non-crediting.

5.5. The User shall be entitled to receive the Cashback accumulated on the Private Account in accordance with the conditions approved by the Organization at https://help-en.megabonus.com/article/381-how-do-i-withdraw-my-cash-back.

5.6. The Cashback shall be transferred by the Organization to the User’s account specified in the Personal Account. The User is obliged to specify real, relevant, reliable, sufficient and accurate registered data only. The Organization shall not be liable for the inaccuracy of the User’s account data. Transfer of funds to the User may be carried out with the involvement of third parties (including payment systems, web services, credit organizations).

5.7. The date the funds are debited from the Organization’s account shall be the date of fulfillment of the Organization’s payment obligations.

5.8. The Organization shall withhold a commission for withdrawing Cashback from the Private Account by means selected by the User in accordance with the terms and conditions specified in the withdrawing methods section of the Personal Account.

SOME FEATURES OF USING THE MEGABONUS REVIEWS WEB SERVICE SECTION

6.1. The “Megabonus Reviews” Web Service Section allows Users to post content in the form of reviews (subjective author’s presentation of information about the purchased Goods in one of the Online Stores), claiming to be rewarded if the Products about which the review is posted are purchased by other Users who do not return them subsequently. It is presumed that the User posting the above reviews is their author.

6.2. The Web Service neither posts content in its “Megabonus Reviews” Section, nor affect its content, but provides such an opportunity exclusively to the Users.

When using the Web Service, the Users guarantee that they have all the necessary rights to use the materials posted by them in the Web Service, and that they have received the consent of all persons to such use of images; and also guarantee that the placement of the materials in the Web Service and their use do not violate any third parties rights.

The materials posted in the Web Service shall not violate applicable law (inter alia shall not discredit honour, dignity and business reputation of any person, shall not contribute to incitement to religious, racial or national hatred, etc.).

In case of doubt in respect of the availability of rights to the materials, as well as in case of violation of the terms hereof, the Web Service reserves the right to remove the posted materials that violate the relevant requirements, and shall be entitled, without any consequences and liability, to suspend the performance of any obligations or refuse to fulfill its obligations to any User, notifying the User thereof in any available and applicable way.

When posting materials in the Web Service, any User automatically, free of charge and without time limits grants the Organization non-exclusive rights to use, reproduce, distribute, process, create derivative works, as well as to demonstrate materials and bring them to the public through the Web Service (all its components) or otherwise at the discretion of the Organization.

Since the materials posted in the Web Service become publicly available upon their publishing, the Organization shall not be liable for unauthorized copying and use by third parties of the materials posted in the Web Service.

Any borrowing/copying by third parties of materials posted on the Web Service is prohibited if the prior consent of the authors and the Organization is not obtained for such borrowing/copying.

The Web Service reserves the right to selectively pre-moderate the materials posted therein, and if violations of applicable law or the terms hereof are detected, permanently delete and/or block such materials. The Organization shall not be liable for losses incurred by the User due to such blocking and/or deletion.

Since the Web Service is publicly available to any person, and full and timely pre-moderation of all published materials cannot be carried out for objective reasons, the Organization shall not be liable for the information and materials posted in the Web Service, however, it makes every possible effort to prevent and suppress violations of copyrights and applicable legislation.

For Users, the feedback posting rules and the reviews posting terms.

6.3. Copyright Policy.

The Web Service voluntarily assumes obligations to protect copyrights and related rights.

If you are the holder of copyrights or other rights to any materials posted in the Web Service, including exclusive rights to reproduce, distribute, publicly display, making publicly available, and your rights are violated when posting materials in the Web Service, we kindly ask you to contact us immediately. To this end, send a scanned letter to support@megabonus.com, signed by the copyright holder or his/her authorized representative, which shall contain:

information about the copyright item (name, registration with the patent office, if applicable, and similar data confirming the existence of the rights),
information about the copyright holder, for a legal entity - name, address, scanned image of a document on state registration,
information about the representative of the copyright holder who signed the letter (full name, position, scanned image of the power of attorney or order/minutes of appointment - for a person authorized to act without a power of attorney),
an exact specification of the place of posting the materials the rights to which belong to the copyright holder,
a description of the essence of the rights violation (why the distribution of this information is prohibited by the copyright holder).
date and signature.

Within 20 (twenty) business days upon receipt of the specified information and documents, the Web Service shall consider the message, and if the information specified is confirmed, the Web Service shall delete the relevant materials, or upon request post a link to the copyright holder or resolve the issue in another way, according to the law.

6.4. In case of claims from third parties or the detection of violations of Clause 4.3. hereof, the Web Service shall be entitled to delete the content at any time. The Organization shall not be liable for losses incurred by the User due to such deletion.

6.5. The amount of remuneration shall be determined by the loyalty program posted on the Website at https://help-en.megabonus.com/article/433-how-can-i-get-additional-income. The remuneration shall be credited to the Private Account.

6.6. The Organization shall be entitled to change the amount of remuneration at its discretion by making amendments on the Website. The amount of remuneration for the content shall be displayed in the Personal Account.

PERSONAL DATA

7.1. The User gives his/her consent to the processing by the Organization of his/her personal data specified during the Registration and the use of the Web Service, including data that are generated and processed automatically by the software components of computers, smartphones and other interactive devices.

The Web Service does not verify the information that the User provides about himself/herself. The Web Service does not control the User in any way. The Web Service is based on the assumption that the User provides reliable, sufficient information, and maintains it up to date. If the User has provided inaccurate or irrelevant information, the Web Service will not be able to fulfill its obligations to the User.

The Web Service asks to provide only the information that is needed to fulfill its contractual obligations to the User in full and on time, as well as to predict the development of the Web Service in such a way that the Web Service becomes as comfortable and useful for the Users as possible.

The User information is used to ensure that:

The User can use the Web Service;
The Web Service and/or its partner can contact the User and report everything related to their obligations to the User, as well as everything about the Website and partners’ offers;
The Web Service can receive the User’s questions, wishes, letters, instructions, demands - all that the User wants to report;
The Web Service can constantly and continuously improve the quality of service, add new services and introduce new products;
The Web Service or its partners can advertise services or goods if the User did not refuse to receive such messages;
The Web Service can conduct research and find out how accurately its services satisfy the needs and interests of the User, collect anonymized statistics, conduct marketing research and analytical activities.

The Web Service stores the information about the User strictly in accordance with the requirements of the applicable law. By accepting the Agreement, the User agrees to the indefinite processing of his/her personal data. If the User withdraws his/her consent, the Agreement shall be considered to be not accepted by the User, due to which he/she loses access to the Web Service and the ability to use its feature set.

The Web Service maintains and obliges others to maintain the confidentiality of the User’s Personal Information.

By agreeing to the terms of the Web Service, the User expresses explicit and unambiguous consent to the collection, processing, storage and transfer of personal data to the Web Service and its partners, since such collection, processing, storage and transfer are necessary for the fulfillment by the Web Service of obligations to the User.

The User can at any time change, update, supplement the provided personal information, in whole or in part, as well as change the privacy settings of his/her personal information using the editing function in his/her Personal Account in the Web Service.

At any time, the User can delete his/her personal data in the Personal Account, in the “My Settings” section. In this case, the functionality of the Web Service for such a User cannot be guaranteed. Also the User can at any time delete his/her account, the possibility of recovery of which is available within 30 days upon such deletion subject to the technical possibility.

The Web Service cannot control and be liable for third parties with whom the User may conclude contracts or agreements, or to which the User could provide the same personal information that he/she provided to the Web Service. Accordingly, the Web Service shall not be liable for any facts of disclosure of the Personal information that occurred through no fault of the Web Service.

7.2. This consent shall be valid indefinitely, the period of the User’s personal data storage shall be limited by the goals of fulfilling the terms hereof and the applicable laws. The User shall be entitled to withdraw his/her consent by drawing up the corresponding written document which may be sent to the Organization by registered mail with return receipt or handed over personally against signature to the Organization’s representative. In case of receipt of a written application to withdraw the consent to the personal data processing, the Organization is obliged to stop processing them.

7.3. The User can control the browser settings to block or delete cookies by checking the browser settings of his/her Device. Instructions for blocking or deleting cookies can be found in the help documentation of the browsers. However, the User is aware of the results of such actions which are expressed in the inability to use a part or the whole feature set of the Web Service. In this case, the Organization shall not bear any liability, the User’s claims are prohibited and have no legal force.

7.4. The User is aware and agrees that due to a failure, technical malfunctions, actions of third parties, including (but not limited to) a virus or hacker attack, the User’s data posted in the Web Service may become available to third parties. The User undertakes not to sue against the Web Service for damages (losses) arising in relation thereto.

7.5. The User gives his/her consent to:

Storage of personal data on the of the Web Service servers.
Use of personal and statistical data to improve the Web Service and the quality of its services for the User, demonstration of technical, information and advertising materials.
Sending of information and advertising messages, information about services, news of the Web Service and/or its partners by e-mail and/or by means of SMS-messages, browser and mobile push messages.
Transfer to third parties in order to obtain Cashback.
Transfer of the data to third parties that have submitted claims regarding the content posted by the User.

7.6. The Web Service only processes the User’s data that are necessary for the execution hereof.

LIABILITY

8.1. The Organization provides the User with the Web Service “as is”, in accordance with the principle generally accepted in international practices. This means that the Organization shall not be liable for problems arising during the installation, updating, support and operation of the Web Service (including compatibility problems with other software products (packages, drivers, etc.), inconsistency of the results of the Web Service using with the User’s expectations, etc.). The User shall understand that he/she is solely liable for possible negative consequences caused by incompatibility or conflicts of the Program with other software products installed on the User’s computer or another Device.

8.2. The Organization shall not be liable for the impossibility of using the Web Service for reasons depending on the User or third parties.

8.3. The Organization shall not bear liability if access to the Web Service is limited due to the lack of the User’s access to the Internet.

8.4. The Organization shall take all necessary technical and organizational measures to ensure information security and the normal operation of the Web Service, however, under no circumstances it shall bear liability for non-fulfillment or improper fulfillment of obligations, as well as possible damage resulting from:

unlawful actions of third parties aimed at violating information security or the normal functioning of the Web Service,
failures in the operation of the Web Service caused by errors in the code, computer viruses and other extraneous fragments of the code in the software of the Web Service,
absence (impossibility to establish, termination, etc.) of Internet connections between the servers of the Web Service partners and the servers of the Web Service itself,
relevant activities carried out by state or municipal authorities,
establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or establishment by these entities of one-time restrictions that make it difficult or impossible to fulfill the obligations of the Web Service,
other cases related to the actions (inaction) of Internet users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment.

8.5. The Organization shall not be liable for:

losses caused to the User or by the User as a result of reporting by the User of inaccurate information, as well as caused by the actions (inaction) of the User in respect of himself/herself or any third parties.
losses incurred by the User as a result of the disclosure to third parties of information provided by the User through his/her fault.
disputes and disagreements arising between the User and third parties (including partners of the Web Service), if such disputes and disagreements are not caused by violations by the Web Service of its obligations, inter alia if such disputes are caused or arose in the course of information or communication interaction between the User and third parties (including partners of the Web Service).

8.6. None of the Parties shall be liable for non-fulfillment or improper fulfillment of its obligations if it was caused by extraordinary and unavoidable circumstances under the specific conditions which the Parties could neither foresee nor prevent (force majeure circumstances).

If the Organizer is forced to suspend the Web Service due to force majeure, the User shall be notified of such suspension within a reasonable time period.

If force majeure circumstances last for more than three (3) months, any Party shall be entitled to unilaterally refuse to fulfill its obligations hereunder.

8.7. The Organizer reserves the right to suspend the operation of the Website for preventive maintenance, at night time or on weekends, if possible.

8.8. When using the Website, the User agrees not to violate the terms of the Agreement, applicable laws, interests of third parties.

Without any consequences and liability for itself, the Organizer shall be entitled to suspend the performance of any obligations or refuse to fulfill its obligations to any User, notifying the User thereof in any available and applicable way, if the User violates applicable laws, the terms hereof, other applicable documents.

Any attempts of fraud or deception by the User shall entail the blocking or deletion of the User’s Personal Account. At the time of the Personal Account deletion, all the accumulated Cashback, if any, shall be transferred to the Web Service.

Violation of the terms hereof regarding suspicion of fraud, among other things, may include falsification of screenshots and check, placing an order with Cashback by an employee of the Web Service partner itself, rejection of a remuneration by the Web Service partner, abnormally frequent orders for large amounts; other complaints of fraud received from a Web Service partner.

8.9. If the Web Service has revealed and recorded the fact of any User’s involvement in prohibited activities (Clause 4.3. hereof), the Web Service shall be entitled to immediately terminate all possible relations with such a User.

No one has the right to use the Web Service for the purposes specified in Clause 2.3 hereof. If such facts are revealed, the violating Users shall be obliged to immediately cease such activities and completely compensate for losses caused, including profits lost due to the damage to goodwill.

If the User is involved in or related to such types of activities, and this becomes known to the Organization, the Organization shall be entitled to completely terminate relations with such a User, regardless of whether the Web Service was used for the above purposes or not.

8.10. The Organization shall not be liable if the Cashback was not credited to the Private Account due to the User’s failure to fulfill his/her obligations hereunder, as well as due to the activities or inaction of third parties beyond the Organization’s control.

8.11. In any circumstances, the liability of the Organization shall be limited to an amount equal to 10 (ten ) us dollars.

8.12. The User is notified and agrees that the Organization shall not be liable for the non-credited Cashback from the Web Service partners. All disputes on crediting the Cashback and its amount shall be resolved between the User and the Web Service partner. The Organization shall not bear any liability for the change or termination of any Online Store presented on the Web Service, as well as for any of its impact on the Cashback crediting in connection with such changes. The Organization shall not be liable for the change or termination of any special offers, promotional codes, coupons, etc. on the website of the Web Service partners.

8.13. If the Organization is forced to pay fines (compensation) to third parties and/or government bodies or the Web Service or any components thereof are blocked due to the content posted by the User, the User is obliged to reimburse the Organization for all damage caused and lost profits.

8.14. If claims against the content are made by third parties, the User who posted the content is obliged to appear in court on behalf of the Organization and settle all the claims at his/her own expense.

8.15. The Web Service reserves the right to block or delete the User’s Personal Account if purchases were not made using it within 3 (three) years from the date of the last purchase via the Web Service or from the moment of the Registration (depending on what happened earlier). The User will be notified of a possible deletion or blocking by an e-mail. In case of blocking or deletion of the User’s Personal Account, all accumulations on the User’s Personal Account shall be canceled.

SETTLEMENT OF DISPUTES

9.1. In case of disputes or disagreements between the Parties arising from or related to this Agreement, the Parties shall take all measures to settle them through internal negotiations.

9.2. If it is not possible to resolve disputes and/or disagreements arising between the Parties through negotiations, such disputes shall be resolved in the appropriate court at the location of the Organization.

FINAL PROVISIONS

10.1. The Organization reserves the right to unilaterally transfer its rights and obligations hereunder to any individual or legal entity in full or in part, without obtaining the User’s consent.

The User shall not be entitled to unilaterally transfer his/her rights and obligations to third parties without the prior written consent of the Organization.

10.2. The Agreement and the relationship between the Organization and the User in relation hereto shall be governed by the current legislation of the Republic of Cyprus to the extent allowed based on the national conflict rules applicable to the Parties hereto.

10.3. There is a “Help” section for solving standard issues on the Web Service. In order to contact the Web Service support, one should use the internal functionality of the Web Service.