ACKNOWLEDGMENT & ACCEPTANCE
By enrolling and/or using the CmailApp Program ("CmailApp"), you agree that you have read and understand this Agreement ("Agreement") and that your membership in CmailApp shall conform to its terms and conditions.
The CmailApp Program is owned and operated by CmailApp.com. ("CmailApp.com").
CmailApp Program ("Program") members ("Members") may earn Incentive Money for completing the offers; taking advantage of Incentive-earning opportunities on the Program and other third party Web sites; responding to offers from participating advertisers and partners via email, or SMS; and complying with the terms of other offers or programs from CmailApp.com or other participating companies.
CmailApp.com reserves the right to send Members messages from time to time for which they may not be incentivized. Such messages may include CmailApp system updates; flash bulletins; order confirmations; administrative announcements; special requests and other similar messages ("Administrative Messages") and may be sent via email or SMS. Members can elect to stop receiving email but cannot unsubscribe from these Administrative Messages while enrolled in the Program.
CmailApp.com is under no obligation to provide Members with any particular amount of incentive earning opportunities or free movie recharge or free movie tickets.
CmailApp.com reserves the right to limit CmailApp enrollment at any time.
CmailApp.com promises to maintain the privacy of members' personal information.
TERMS OF PARTICIPATION
Only individuals 14 years or older and residing in India may enroll in the CmailApp Program and become Members. CmailApp reserves the right to prevent access to the Program and the CmailApp website from IP addresses outside of India.
Corporations or other business entities are not eligible to become Members.
CmailApp membership and its right to use is limited to one individual per CmailApp account.
CmailApp.com allows only one email address and one mobile number per Member.
Member agrees to provide only true and accurate information to CmailApp (including to its advertisers and partners) at all times.
Member agrees to comply with the terms of all CmailApp and CmailApp advertiser and partner offers, promotions, and programs at all times.
Member agrees not to abuse CmailApp privileges by conduct which is detrimental to the interests of CmailApp.com, including without limitation attempting to accrue Incentives or spend Incentives in a manner inconsistent with the rules of CmailApp or intent of this Agreement, having multiple accounts, attempting to earn Incentives through other than legitimate channels, participating in purchasing or redemption fraud, or tampering with CmailApp referral links, etc.
CmailApp.com reserves the right to terminate or disable, at CmailApp.com's sole discretion, any CmailApp membership if CmailApp.com believes such Member has violated or acted inconsistently with the rules of CmailApp or intent of this Agreement. Member understands and agrees disabling of membership will result in Member's inability to earn Incentives or free prepaid mobile recharge or free movie tickets. Member understands and agrees termination of membership will result in the cancellation of all of Member's incentives in CmailApp wallet.
CmailApp.com shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership (including cancellation of wallet balance) shall be final and binding.
CmailApp reserves the right to adjust your wallet balance for transactions not completed or cancelled. A pattern of placing orders followed by cancellations is construed as purchasing fraud and could result in the termination of your CmailApp account.
Wallet balance may be spent only to get free prepaid mobile recharge and free movie tickets.
Offers are subject to change at any time without notice.
The amount of incentive or free recharge or movie tickets for an offer are subject to change at any time without notice.
Incentive money will be subtracted from Member's account when the member uses the wallet balance to get recharge or movie tickets.
Once used to claim mobile recharge or movie tickets, wallet balance will not be reinstated to Member's account.
In conjunction with spending wallet balance for free mobile recharge or movie tickets, Member agrees to confirm that all information in Member's personal profile is up to date and accurate.
Member's discontinued participation in CmailApp or failure to notify CmailApp.com of any address (mobile number or email) or profile changes may result in the termination of Member's membership and forfeiture of Member's wallet balance.
CmailApp.com reserves the right to cancel or disable accounts and expire unredeemed wallet balance in those accounts that are inactive for a period of 12 consecutive months. Inactive shall be defined as lack of one of the following: website visit, email response (clickthru), or any Incentive-earning or spending transaction
CmailApp.com reserves the right to limit the opportunities to earn Incentives available to Member while Member remains inactive.
Member shall comply with all laws, rules, and regulations that are applicable to Member. Member acknowledges that Member may only participate in CmailApp if and to the extent that such participation is permitted by such laws, rules, and regulations. CmailApp.com refuses to enroll Member, or to restrict, modify, or terminate Member's participation in CmailApp, without liability to Member or any other party, if Member violates any law, rule, or regulation, or if Member's participation in CmailApp could violate any law, rule, or regulation.
DISCLAIMER OF WARRANTIES
Member expressly agrees that use of CmailApp is at Member's sole risk.
CmailApp and all services offered therein are provided on a strictly "as is" and "as available" basis. CmailApp.com
MAKES NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR REWARDS OBTAINED BY MEMBERS THROUGH CmailApp OR THROUGH CmailApp ADVERTISERS OR PARTNERS; THAT CmailApp WILL MEET MEMBERS' REQUIREMENTS; OR THAT CmailApp WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DOES CmailApp.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CmailApp OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH CmailApp.
CmailApp.com expressly disclaims any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. CmailApp.com shall not be liable or responsible for those guarantees, warranties, and representations, if any, offered by CmailApp advertisers, partners, manufacturers of merchandise, or suppliers of services. No advice or information, whether oral or written, obtained by Member from CmailApp.com or through CmailApp shall create any warranty not expressly made herein.
LIMITATION OF LIABILITY
CmailApp.com SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, RELATING TO THE PARTICIPATION OR INABILITY TO PARTICIPATE IN CmailApp. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
CmailApp.com is not responsible for damages or losses that result from participating or inability to participate in CmailApp, or reliance on or use of information, services, or merchandise provided on or through CmailApp.
Member acknowledges and agrees that CmailApp.com neither endorses the contents of advertisements or third parties' Web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
CmailApp.com is not responsible and assumes no liability for changes or discontinuances of service from providers which may affect offers or the accrual of Incentives.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND MERCHANTS
Member's correspondence with or participation in promotions of CmailApp advertisers and partners are solely between corresponding Member and the advertiser or partner. CmailApp.com assumes no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.
Member understands that, in some cases, there may be delay in the crediting of Incentives for promotions of advertisers or partners due to advertisers' or partners' failure to provide necessary information to CmailApp.com for such crediting of Incentives. CmailApp.com will not be responsible or liable for the delay or failure to credit Incentives in such event.
THIRD PARTY SERVICES
To enhance the value of the CmailApp service to its Members, CmailApp.com may on occasion share selected personal information with third parties for the limited purposes of data verification and supplementation.
Such third parties will agree to maintain the confidentiality and protection of your personal information, at all times during and after providing services.
AT ANY TIME EITHER MEMBER OR CmailApp.com MAY TERMINATE MEMBER'S MEMBERSHIP WITH OR WITHOUT CAUSE. MEMBER'S RIGHT TO USE MEMBER'S MEMBERSHIP IMMEDIATELY CEASES UPON TERMINATION AND MEMBER'S WALLET BALANCE SHALL BE CANCELLED.
Should Member object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with CmailApp, Member's only recourse is to immediately discontinue participation in CmailApp and properly terminate his or her membership. (See paragraph above.)
CmailApp.com reserves the right to terminate the membership of any Member who appears to be using CmailApp in a manner inconsistent with this Agreement, the intent of this Agreement, or any CmailApp rules.
MULTIPLE ACCOUNTS FOR AN INDIVIDUAL
An individual should not have multiple accounts on CmailApp. CmailApp uses various mechanisms to identify if someone has multiple accounts. And, if it identifies, CmailApp has the right to disable all accounts at any time. Balance left in CmailApp wallet at the time of disabling the account, will be cancelled and not be given to the member in any form.
Member's right to use CmailApp is non-transferable.
Wallet balance is non-transferable.
Member's membership will terminate immediately in the event of Member's death.
Wallet balance may not be bartered or sold.
CmailApp accounts and Wallet balance are not transferable upon death or as part of a domestic relations matter or otherwise by operation of law.
PROPRIETARY RIGHTS TO CONTENT AND OTHER INTELLECTUAL PROPERTY
Member acknowledges that CmailApp content (including but not limited to text, sound, photographs, graphics, or other material contained in any CmailApp communication, advertisements, or messages, whether by CmailApp.com or CmailApp.com's advertisers or partners), service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws; therefore, Member is only permitted to use content, service, or software as expressly authorized by CmailApp.com, its advertisers and partners, as the case may be.
Member agrees not to forward any CmailApp offers or promotions to others without first obtaining the express written permission of CmailApp.com; CmailApp offers are specific to Member's membership unless otherwise stated.
CmailApp.com reserves the right to change this Agreement, and/or any part thereof, at any time. Member understands the most recent version of this Agreement will be located on the CmailApp Web site in the Member Services area under Terms of Service.
Member's non-termination or continued use of CmailApp constitutes an affirmative acknowledgment by Member of any modification to the Member Terms of Service Agreement and consent to abide and be bound by any terms thereof. At any time, if Member does not agree with the Member Terms of Service, Member may terminate Member's membership.
CmailApp.com reserves the right to modify or discontinue the CmailApp service with or without notice to Member.
CmailApp.com shall not be liable to Member or any third party should CmailApp.com exercise its right to modify or discontinue the CmailApp service.
Member's continued participation in the Program shall constitute an affirmative acknowledgment by Member of any amendment or modification to the TOS and Member's consent to abide and be bound by said TOS as amended or modified.
All notices given by CmailApp.com to Member will be given by email or SMS.
Member agrees to indemnify and hold CmailApp.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, including reasonable attorneys' fees relating to use of CmailApp or violation of this Agreement.
Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Hyderabad, India. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
Member and CmailApp.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
This Agreement constitutes the complete and exclusive understanding between CmailApp.com and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.
If any provision(s) of this Agreement is held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
CmailApp.com's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CmailApp.com in writing.