Terms & Conditions

Welcome to Mastercard Shop Perks. The Cashback Service is operated by Pouring Pounds India Pvt. Ltd for Mastercard. Mastercard is hereafter referred to as (“we”, “us”, “Company”). Please read these terms of service (“Terms of Service” or “Agreement”) carefully as they contain the legal terms and conditions that you agree to when you use the service provided by us through https://shopperks.mastercard.co.in (“Site”).

Mastercard Shop Perks is a platform only for display of offers extended by Merchants to Mastercard’s Cardholders. Mastercard is hosting the Shop Perks platform purely for the convenience of its Cardholders to display the offers extended by Merchants to Mastercard Cardholders. The Products/Services are being offered solely by the Merchants and Mastercard is not selling/rendering any of these Products/Services. Mastercard is not undertaking the business of on-line retail trading or shopping by hosting the Shop Perks platform. By hosting the Shop Perks platform, Mastercard is neither guaranteeing nor giving any warranty nor making any representation with respect to the offers made by Merchants. Mastercard is neither endorsing the Merchants or any Product/Service nor is it responsible for sale/quality/features of the Products/ Services under the offer. Any Information on the Mastercard Shop Perks website (or the section thereof to which you will be directed) whether about the Merchant or the Products/Services being offered have not been verified by Mastercard. Mastercard shall not be liable or responsible for any such information. Mastercard will not bear any obligation or liability if a Customer purchases/avails of a Product/Service under an offer. If you choose to avail of the purchase/avail of a Product/Service, Mastercard will neither be a party to nor in any manner concerned with such purchase nor be liable or responsible for any act or omission of the Merchant or the Customer. All Product/Service related queries/complaints will be addressed by the respective Merchant only.

The website https://shopperks.mastercard.co.in is powered and maintained on behalf of Mastercard by Pouring Pounds India Pvt. Ltd. (CashKaro), a company incorporated and existing in accordance with the laws of India. The following terms and conditions apply to all visitors or users of this Web site. Please read these Site Terms and Conditions carefully before using this website. By accessing or using this website you explicitly agree to comply with and be bound by these Site Terms and Conditions. When you access any of the sub-Site (whether belonging to an ‘associate’ of Company or otherwise) through this Site, then the sub-Site may have its own terms and conditions, which are specific to such sub-Site.
These Terms and Conditions of use and any additional terms posted on this Site together constitute the entire agreement between Company and you with respect to your use of this Site.

This Site is only for your personal use. All materials provided on this web site, including but not limited to all text, logos, designs, service marks, trademarks, graphics, images, sounds, information, software, documents, downloads of any kind, products and services and the selection, arrangement and display thereof, are the copyrighted works of CashKaro and/ or its partner/Mastercard . You shall not copy, distribute exchange, modify, sell or transmit anything you copy from this Site for any business, commercial or public purpose. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.

Mastercard may add, modify or remove any part of the Terms and Conditions of Use at any time as it may deem fit, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.
Mastercard may add, change, discontinue, remove or suspend any other content posted on this Site, including features and specifications of products or services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Mastercard reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Company’s systems as well as its clients and users interests are and remain, well-protected. Towards this end, CashKaro may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

The Cashback Service allows users who register on Mastercard Shop perks Site to earn cashback on tracked purchases from Merchants on the Site (“Merchants”). To qualify for cashback, the Merchant must confirm that the Member’s purchase is tracked, genuine and successful (constituting a “Qualifying Transaction”, and your resulting cashback must be received by CashKaro (becoming “Cashback” as a result).
In the event that the Merchants do no track a transaction using their affiliate tracking system, then such sales might not be paid, and hence any due or expected cashback from these sales will also not be paid to the Member.

Cardholders of all Debit/Credit /Prepaid Mastercard branded cards are eligible to register and become members (“Members”). You must register using your email ID & contact number for the Cashback to be credited to your Shop Perks account. If you are asked for, and provide, details of a bank account into which you wish to receive payments (your “Cashback Receipt Method”), you (a) must ensure that you are, and remain, fully entitled to use that Cashback Receipt Method, and (b) confirm that you wish to receive cashback through that Cashback Receipt Method. You should keep this information updated through your Account.
Note that your Cashback Receipt Method (such as NEFT) may have rules about the minimum payment that you can receive through that Cashback Receipt Method.

After a Member successfully completes a Qualifying Transaction, and once CashKaro has received the resulting Cashback for that Qualifying Transaction, CashKaro passes that Cashback to the Member through his/her Cashback Receipt Method.

Please note that there are various circumstances in which a transaction with a Merchant may not constitute a Qualifying Transaction, or Cashback may not result from it.

The Member understands that all transactions made by him/her are not with us or CashKaro, but with the individual Merchant . Further, from time to time Merchants may increase or decrease the commission paid without informing CashKaro – in which case the cashback offer illustrated on the Site may be incorrect. By default, your applicable transactions will be credited in line with the commission reported to CashKaro by the Merchant , which may be more or less than the advertised rate. We shall not be liable for any difference in the expected cashback by the Member and the actual Cashback received by the Member.

When CashKaro has traced a paying, Qualifying Transaction to your Account, CashKaro will credit your Account with a ‘Pending’ status. Once the Merchant confirms the transaction, the payment will be marked as ‘Confirmed’ – 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 cashback payment will not be made. Apart from the Merchant , it is also mandatory for the members to intimate CashKaro about any returns or exchanges for which they might have earned cashback unduly.

Whether a transaction shall qualify as a Qualifying for cashback Transaction shall be at the sole discretion of the Merchant or CashKaro and the Member understands and agrees to the same. We shall not be held responsible if the Merchant fails to report a sale to CashKaro or does not qualify a transaction as Qualifying Transaction. Further, we shall not be responsible or liable 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 for any reason whatsoever. Whilst CashKaro will endeavour to recuperate non-payments from the Merchant , the decision of CashKaro, the Merchant or Merchant’s tracking agent is final. Whilst CashKaro will try and recuperate missing commissions, at any point CashKaro reserves the right not to chase missing commission claims, particularly where no purchase has been made.

Further, in the event that the Merchant feels that the purchase is not genuine for any reason whatsoever and CashKaro do not receive any Cashback for the transaction, the Member will not receive any Cashback.

When a Member sends CashKaro an enquiry on missing cashback, CashKaro’s system would check if the user had an exit click from CashKaro’s site for that store on the date mentioned by the user. If no exit clicks can be tracked then CashKaro will show a message to the Member indicating that they did not click via our website to earn cashback prior to the sale. All exit clicks to stores are saved in the database for cross reference on adding cashback values. Where a commission enquiry has been successfully paid by a Retailer, you may receive a lower amount than expected; this is due to the amounts received by CashKaro possibly being lower than the original claim. We or CashKaro do allow you to query this with either of us. If a Merchant still hasn’t paid a manual commission claim after a period of six months then CashKaro reserves the right to close the enquiry claim. All payment for Missing Cashback is only applicable in instances where the Merchant pays the CashKaro .

CashKaro reserves 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 Merchant 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 or any other means. In all such incidences, CashKaro shall have the right to recover all unduly paid cashback which the Member is not entitled to earn, through legal proceedings.

There are various circumstances in which Cashback will not be payable to the Member, and will be forfeited to CashKaro, these could be, without limitation:

1. where the cashback payment that CashKaro receives is not attributed to a Qualifying Transaction or associated with an Account (such as where the Member is not logged-in to the Site when making the relevant purchase)
2. the transaction to which the Cashback relates is cancelled after it has been entered into (whether under the right of cancellation that applies to some sales made at a distance, or otherwise) the Cashback is attributed to a Member or Account that has been:
   1. Suspended by CashKaro under Clause 9 of this Agreement or for any other reason;
   2. Associated with any fraudulent activity or any breach of this Agreement;

Member accepts and agrees that, Mastercard shall not be responsible or liable in case Cashback is not received by the Member pursuant to the above mentioned process.

You can withdraw your validated cashback when you have at least Rs. 1 in your Account. CashKaro has 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 Site (including the material which is contributed by Members or Merchants) 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 Site, or any of the material which is found on the Site unless properly licensed to do so by us.

By uploading or including any material on the Site, 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 the Cashback Service and any other interactive services through which we or our sub-licensee make the Cashback Service (or a service based on our service) available; and
2. to other Members (through us, under the license referred to in a) above), the non-exclusive, personal, non-transferable right to view the relevant material.

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

We are not a party to any transactions with Merchants, 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 Merchants; or
2. whether the Merchants 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 Merchants 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 Merchants, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Merchants, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Merchants

We reserve the right to suspend or terminate any Members access to the 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 Merchant or to gain Cashback (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 Merchant’s 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 CashKaro or the Merchant 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 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 Merchant, 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 deemed 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 Merchant or CashKaro or us, has committed fraud in use of the Site or the Cashback Service or misused the Site or the Cashback Service, their Account will be closed, email and IP address will be blacklisted so they cannot use it again, and cannot register from the same PC.

If you see or experience anything on the Site that appears to infringe any of the above requirements, we would like you to inform CashKaro by using the contact us icon available on the platform.

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 or CashKaro in relation to material or transactions associated with you or your Account, then you agree:

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

We reserve the right to withdraw, modify or suspend aspects of the Cashback Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will 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 Cashback Service becomes inaccessible as a result of technical difficulties.

CashKaro will, use reasonable skill and care to overcome these difficulties where they are within their control. However, continuous access cannot be guaranteed to the Cashback Service or any of the content that appears on it.

Nevertheless, CashKaro will ensure that any periods of planned unavailability, which you will be informed of when you access the Cashback Service at the relevant time, are kept to a minimum.

For security or other reasons, CashKaro may require you to change password or other information which facilitates access to the Cashback Service; however, neither we nor CashKaro will ever ask you for your password via email, telephone, or any other means other than through the Site. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

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 Merchant.

Disclaimer:

The content and material from or through the site are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability, non-infringement, freedom from error, and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in sub-section 16(d). In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, savings, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the agreement between us and you. This site and the products, services, documents, content and materials and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.

Liability:

We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.

Limitation of Liability: The aggregate liability of our Company and the affiliated parties in connection with any claim arising out of or relating to the site and/or 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.

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:

(A) for any loss of revenue, business, anticipated savings or profits; (B) any errors in or omissions from the Site or any services or products obtainable therefrom; (C) the unavailability or interruption of the Site or any features thereof; (D) your use of the Site; (E) the content and materials contained on the Site; (F) or any delay or failure in performance beyond our control or any of our affiliated parties, for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Cashback Service or other non-performance of this Agreement or otherwise.

Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by Applicable Law.

For the avoidance of doubt, we will not have liability to you or any other person in respect of material contributed by Members, transactions (or non-transactions) with Merchants, or any activity or communication relating to such material or transactions.

The provisions of this Clause 16 shall survive the termination or expiry of this Agreement.

You hereby expressly agree to receive communications by way of SMS, e-mails from Mastercard Shop Perks relating to Services provided through the website.

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

1. a) We reserve the right to change this Agreement from time to time, and post the new version on the Cashback Service. When we do so, we will post the new version of the Agreement on the Cashback Service, and the new version of these terms and conditions will take effect, and will govern the Cashback Service and your relationship with us:
2. b) commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use our service; or
3. c) 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.

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 courts of Gurgaon 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 Cashback Service. You can access it at https://shopperks.mastercard.co.in/ . 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@shopperks.in for commercial cardholders and care@shopperks.in for consumer cardholders.