Amero Research & Loyalty Solutions Pvt. Ltd. provides an App (an application) which allows Vendors or Merchants to provide loyalty plans and reward coins directly to consumers/end users through a smartphone application (“Services”), and provides Vendors or Merchants with programmed setup and applications to track consumers’ use thereof (the “Applications”). These Vendors or Merchants Terms and Conditions (“Terms”) govern your access and use of the Services and the Applications. “Vendors or Merchants” means any Vendors or Merchants entity and its agents that makes use of the Application or provides Services to its customers/end users.
Please read these Terms carefully.
The Terms given below govern your use of the Applications and your provision of the Services to your customers/end users. You must accept these Terms prior to signing up your business on Amerocash using our website (e.g. www.theamerocash.com) a third party web site who is affiliated with us or using Amerocash Android application for businesses or providing any Services to your customers/end users. By clicking “ACCEPT” or in any other way downloading the Applications or making any Services available to your customers/end users, you signify your assent to these Terms jointly and severally.
Changes may be made to these Terms from time to time. We will make reasonable commercial efforts to notify you of any updates to these Terms but it is not necessary. Notwithstanding the foregoing, your continued use of the Applications or provision of the Services to your customers/end users will be deemed acceptance to amended or updated Terms.
If you do not accept these Terms, do not click “ACCEPT” and do not download the Applications or make any Service available to your customers/end users.
As such, you should check frequently to see if we have updated these Terms.
- Definitions - In these Terms, the following terms when capitalized have the meanings set forth in this Section.
- “Customer” means an end user that has been granted a license by Amerocash to use the Services, and who has accepted the Amerocash User Terms and Conditions.
- “Amerocash User Terms and Conditions” means Amerocash' standard end user license agreement, which may be amended by Amerocash in its sole discretion, a current version of which is available here.
- “Promotional Content” means any advertising, promotional or marketing content provided by Vendors or Merchants for provision to any Customer (including, without limitation, any loyalty plans or rewards) and including any
logos, trade names, trademarks or other content of Vendors or merchants included in such content.
- Functionality – Amerocash only and only provides the platform to Vendors or Merchants to give Loyalty Coins to their Valued customers/end users. Amerocash is only and only a platform which connects Vendors or Merchants, Customers/End
Users and Amero Loyalty Coins Providers except that there is no role and responsibilities of Amerocash or/and Amero Research & Loyalty Solutions Pvt. Ltd. Amero Research & Loyalty Solutions Pvt. Ltd. and/or Amerocash is not at
all liable for any fraud or any mistake or any misunderstanding occurred between Vendors or Merchants, Customers/End Users and Amero Loyalty Coins Providers.
- License - Subject to the terms and conditions hereof, during the period these Terms are in effect Amerocash hereby grants Vendors or Merchants a limited, revocable, non-exclusive, non-transferable, non-sublicenseable, license
solely to use the Applications and to provide the Services to its Customers/end users.
- Restrictions - Vendors or Merchants shall maintain all copyright and other proprietary notices contained in the Applications and in the Services. Except as set forth expressly herein, Vendors or Merchants shall not, and shall not
permit any third party, to (a) reverse engineer or attempt to find the underlying code of, the Application or the Services; (b) modify the Application or Services, or insert any code or product, or in any other way manipulate
the Application or Services; or (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute,
broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Applications or Services except as expressly permitted by these Terms. To the extent any of the restrictions set forth
in this Section are not enforceable under applicable law, Vendors or Merchants shall inform Amerocash in writing in each instance prior to engaging in the activities set forth above. Amerocash reserves the right to make modifications
to the Applications and the Services at any time without prior notice.
- Promotional Content - Vendors or Merchants may provide Promotional Content to Customers/end users through the Services as permitted by Amerocash. Vendors or Merchants shall remain at all times solely responsible for the full functionality,
accuracy, reliability, integrity, quality or validity of all Promotional Content. Vendors or Merchants represents and warrants that no Promotional Content infringes the intellectual property rights or moral rights or any third
party. Amerocash reserves the right, at its sole discretion, to remove any Promotional Content that violates these Terms at any time, without prior notice, or require Vendors or Merchants to do so. Vendors or Merchants shall
remain solely liable for any loyalty plans or rewards offered to Customers/end users, and shall fully indemnify Amerocash for its failure to satisfy any of its obligations pursuant to such plans or rewards. Amerocash does
not claim ownership of Promotional Content. However, Vendors or Merchants grants Amerocash a non-exclusive, royalty-free, worldwide license of all rights to use, edit, modify, include, incorporate, adapt, record and reproduce
Promotional Content for the purposes of these Terms, including the right to exercise this license through independent contractors.
- Intellectual Property -
- Amerocash Property - Title to and ownership of and all proprietary rights in or related to (a) the Application, Services and related documentation and all enhancements, derivatives, bug fixes or improvements to the
foregoing; (b) all trade names, trademarks, and logos of Amerocash; and (c) all data collected by Amerocash' server side software with regard to the foregoing] (collectively, “Amerocash Property”) shall at all times
remain solely with Amerocash or its licensors.
- Vendors or Merchants Property - Subject to Section 6.1, title to and ownership of and all proprietary rights in or related to Promotional Content and all the trade names, trademarks, and logos of Vendors or Merchants shall
at all times remain with Vendors or Merchants and its licensors (collectively, “Vendors or Merchants Property”).
- No Sale. Any references in these Terms to sale, resale or purchase of the Amerocash Property or Vendors or Merchants Property and related documentation or references of like effect, will be deemed to mean the license thereof
pursuant to the terms and conditions of these Terms.
- Customer Data - Amerocash will provide Vendors or Merchants with certain specified data regarding Customers/end users, including the name of the Customer and certain mutually agreed data regarding the Customer’s activities at
Data and all uses thereof. Vendors or Merchants shall fully indemnify Amerocash (and its officers, directors, employees and consultants) for all breaches of its obligations under this provision. Customer Data may include:
customer's name, number of visits, visits details, offers usage, Facebook profile link (if provided by the customer).
- Support - Customers/end users may contact Amerocash with regard to the support for the Application using email at email@example.com or using other forms of communication as described on our website
- Confidentiality - Vendors or Merchants acknowledges that Amerocash may disclose to Vendors or Merchants certain confidential information belonging to and relating to Amerocash, the Application or the Services. Vendors or Merchants may
disclose to Amerocash certain information regarding its business and operations. Either party (the “Receiving Party”) receiving information from the other party (the “Disclosing Party”) which the Disclosing Party has marked
or identified as confidential or proprietary, or which should clearly be considered confidential proprietary (collectively, “Confidential Information”), agrees to keep such Confidential Information confidential during and
after the Term and not disclose or use except in performance of the Receiving Party’s obligations hereunder. Confidential Information shall not include information (i) already lawfully known to or independently developed
by the Receiving Party without access to or use of the Confidential Information of the Disclosing Party, (ii) received by the Receiving Party from any third party without restrictions, (iii) publicly and generally available,
free of confidentiality restrictions; or (iv) required to be disclosed by law, provided that the Receiving Party provides prompt notice of such requirement. The Receiving Party shall restrict disclosure of Confidential
Information to those of the Receiving Party’s employees and officers with a reasonable need to know such information and which are bound by written confidentiality obligations no less restrictive than those set out herein.
Vendors or Merchants will not disclose any information regarding the results of any testing or evaluation of the Application or Services to any third party without Amerocash's prior written consent
- Warranties; Indemnification; Disclaimer -
- Vendors or Merchants Warranties - Vendors or Merchants represents and warrants that the Promotional Content: (a) does not contain material that is obscene, defamatory, libelous, racially or ethnically insensitive, harassing,
threatening or otherwise offensive; (b) does not contain pornography or material that may be harmful to a minor; (c) does not contain material that violates or infringes the intellectual property, moral or contractual
rights of any third party; (d) does not contain any virus, worm, Trojan horse, or other harmful or disruptive component; and (e) complies with all applicable law, regulations and rules, including all applicable
law regarding advertising, marketing and promotional content and services.
- Vendors or Merchants Indemnification - Vendors or Merchants shall defend, indemnify and hold harmless Amerocash from and against any and all suits, proceedings, assertions, damages, costs, liabilities or expenses (including
court costs and reasonable attorneys’ legal fees) which Amerocash may suffer or incur in connection with any actual claim, demand, action or other proceeding by any third party arising from or relating to (i) a
claim that the Promotional Content infringes or violates any third party intellectual property rights, provided however, that Vendors or Merchants shall have no obligation to indemnify Amerocash where such claim of
rule or regulation; or (iii) any other breach of these Terms, including the representations and warranties set forth.
- DISCLAIMER - the application, services and related documentation are provided “as-is”. amerocash expressly disclaims
any warranties (including with regard to the performance of the application or services
and without limitation, express or implied warranties of merchantability, fitness for a particular purpose, title or noninfringement.
any reliance on the application or the services is at Vendors or Merchants’s own risk, and amerocash does not and shall not accept any liability for
the application or the services, including without limitation any mistakes or inaccuracies in loyalty plans or reward coins bought or forwarded
through the application or services.
LIMITATION OF LIABILITY - In no event shall amerocash , its directors, officers, employees, agents or shareholders, be liable to Vendors or Merchants, any customer or any other third party for any damages, including
but not limited to general, incidental, consequential, indirect, direct, special or punitive damages, arising out of or relating to the application or services.
In any case, amerocash’s entire liability under any provision of these terms shall not exceed in the aggregate the amount received from Vendors or Merchants hereunder,
with the exception of death or personal injury caused by the gross negligence of amerocash to the extent applicable law prohibits the limitation of damages in such
cases. In very rarest of rare cases, amero research and loyalty solutions pvt. Ltd. May pay maximum of 10 paisa (0.10 inr)per amero loyalty coin and buy it from either
vendor/merchant or/and customer/end user, after due consideration.
Promotion; Publicity - All promotion, advertising and distribution of the Application and Services shall be consistent with Amerocash's standard policies and reputation. Both parties may agree in writing to include a reference
to the other party and its logo on its website, marketing and promotional materials (in any medium) subject to the compliance by each party with the applicable trademark guidelines of the other party. The Parties may
agree to issue a joint press release in a form mutually agreeable to the Parties announcing the formation of the relationship between the Parties. The text of such press release and announcements, and any future announcement
or publication concerning the existence or terms of this agreement, shall be mutually agreed to by the Parties prior to publication, except that either Party may re-publish information contained in a previously approved
press release, including on a Party’s website and in marketing materials.
- The term of this agreement (“Term”) shall commence on the date Vendors or Merchants accepts these Terms and shall continue for a period of 6 months, and shall thereafter automatically renew for subsequent terms of 6 months, unless
otherwise terminated in accordance with these Terms.
- Termination - Either party may terminate this agreement with advance notice of 30 days., provided, however, that Amerocash may terminate these Terms and all rights granted hereunder without notice if Vendors or Merchants
shall use or market the Application or Services in violation of any applicable law, rule or regulation.
- Effect of Termination - Upon expiration or termination of these Terms for any reason, (a) Vendors or Merchants shall immediately cease the use of the rights licensed hereunder, and shall immediately cease all provision
of the Services to its customers/end users; (b) each party shall make payment to the other of all amounts due hereunder as of the date of termination; and (c) Vendors or Merchants shall cease the use of all Amerocash
Property and shall promptly return to Amerocash all copies of Amerocash Confidential Information or destroy same, at Amerocash' discretion.
- Survival - Sections 3 (Restrictions), 7 (Intellectual Property), 8 (Customer Data), 10 (Confidentiality), 11 (Warranties; Indemnification; Disclaimer), 12 (Limitation of Liability) any accrued and unpaid payments, and
this Section 12.4 shall survive the termination or expiration of these Terms for any reason.
- Vendors or Merchants agreement (“You” refers to a customer as defined in clause 1 of this document). In order to manage your loyalty club, You will be provided With 100 ALC and service subscription for one year at the Cost of 6500 INR
- Miscellaneous - Amerocash and Vendors or Merchants are and intend to remain independent parties. Nothing contained in these Terms shall be deemed or construed to create the relationship of principal and agent or of partnership
or joint venture, and except as otherwise specifically agreed upon in writing by the parties, neither party shall hold itself out as an agent, legal representative, partner, subsidiary, joint venturer, servant or employee
of the other. Neither party nor any officer or employee thereof shall, in any event, have any right collectively or individually, to bind the other party, to make any representations or warranties, to accept service of
process, to receive notice or to perform any act or thing on behalf of the other party, except as authorized in writing by such other party in its sole discretion. These Terms represent the entire agreement between the
parties regarding the subject matter hereof and supersedes any and all other agreements between the parties, whether written or oral, regarding the subject matter hereof. These Terms may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A waiver of any default hereunder or of any of the terms and conditions of these Terms shall not be deemed
to be a continuing waiver or a waiver of any other default or of any other term or condition, but shall apply solely to the instance to which such waiver is directed. Amerocash may assign its rights or obligations pursuant
to these Terms. Vendors or Merchants agree not to assign any rights under these Terms; any attempted assignment shall be null and void and shall result in the termination of these Terms. If any part of these Terms shall be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other part or provision of these Terms which shall remain in full force and effect. These Terms shall
be governed by the laws under the Jurisdiction of City of Ahmedabad, Gujarat, Ahmedabad, and the competent courts in the city of Ahmedabad shall have exclusive jurisdiction to hear any disputes arising hereunder.
- Refund Policy – IF ANY
- Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such
Charged Services selected by you. Amerocash reserves the right to change its prices at any time. You authorize Amerocash directly or through third parties, to make any inquiries it considers necessary to validate your account
and financial information that you provided while signing up for such Services. Please note that according to internal agreements, Amero Research & Loyalty Solutions Pvt. Ltd.is entitled to collect fees from Users on behalf
of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services. All fees are exclusive of all
taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services
and payments made by you to Amerocash. All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Amerocash does not receive a request by the user, through
email or phone for Charged Services termination you acknowledge and understand that Amerocash will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services
are used or not. If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use
of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services. Users purchasing Charged Services shall pay any and all prices
and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Amerocash
expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any
user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
- Auto Renewals - In order to ensure that you do not experience an interruption or loss of services, most services offer an
automatic renewal option. The automatic renewal option automatically renews the applicable service for a renewal period equal in time to the
original service period. For example, if your original service period is for one year, your renewal period will be for one year. While the
details of the automatic renewal option vary from service to service, the services that offer an automatic renewal option treat it as the
default setting. Therefore, unless you cancel your subscription amerocashwill automatically renew the applicable service when it comes up
for renewal, and will take payment from the payment method you have on file with amerocash then current rates, which you acknowledge and
agree may be higher or lower than the rates for the original service period. You may cancel your subscription from such services prior
to the automatic renewal at any time. In such event the services shall be discontinued upon the expiration of the respective period you
have paid for and you shall not have any claims towards amerocash in relation to the discontinuation of the services.
- Cancellation by User - You may discontinue to use and request to cancel your premium membership at any time, in accordance with the instructions available on the Services. The effective date and time of such
cancellation shall be the date and time on which you have completed the cancellation process on the Services, and the effective date for cancellation of Services shall be at the end of such Service’s subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid Services, such subscription will be discontinued upon the expiration of the respective period for which
you have already made payment, unless you have chosen to cancel such subscription immediately."