GENERAL:

1. 1. ’Cash Back’ means the discount offered on Net Purchase by Affiliate, Affiliate Merchants or any other vendors as disclosed in www.VPayCash.in website or in the website of such Affiliate, Affiliate Merchants or Vendors.

   2. ’Eway’means Eway India Private Limited or their successors in interest, assigns, nominees.

   3. ’Net Purchase’ means the total amount paid to the affiliate or affiliate merchant or vendor as the case may be, on items eligible for Cash Back, after deducting the tax, gift wrapping, shipping, promotional credits, returns, cancellations, and transaction fees or as the Affiliate or Affiliated Merchant or Vendor defines on their respective Web site, whichever is less.

      
      

2. The Cash Back Program is only available on selected products mentioned in Eway website and for purchases made through Eway website www.VPayCash.in The Member must have Internet access and a valid email address to be eligible to receive the privileges and benefits of membership.

   
   

3. Members must provide a valid email address and a password to activate and access his/her account. To be classified as a Member the completion of enrollment process is a must.
   

4. The participation in cash back program and its benefits are offered at the discretion of Eway.
   

5. Eway reserves their right to change the terms and conditions of the User Agreement, in whole or in part, at any time with or without notice. The Members shall periodically check the terms and conditions that may be published in the www.VPayCash.in website.
   

6. If an Affiliate or Affiliated Merchant or Vendor fails to report a transaction to Eway, or withholds payment to Eway for a particular transaction for any reason, Eway reserves the right to cancel the cash back reward associated with that transaction. Cash back rewards awarded to Members are subject to adjustments for returns, cancellations, and other events. Such adjustments can be applied to Member accounts at any time by Eway at its sole discretion. Should the Member disagree with any such adjustments made to their account, their sole remedy is to withdraw from the Program. If the Members commits breach of any of the terms and conditions of this agreement or fails to abide by this agreement or any other rules, Eway at its sole discretion cancel/terminate the membership.

7. The Member will be credited ("Cash Back"), subject to the terms and conditions enumerated in this Agreement, a percentage of the net purchases made by that Member at one of the online merchants affiliated with Eway (an "Affiliated Merchant"). The percentage will be mentioned on the Eway Web site relating to each Affiliated Merchant. It is made clear the Member would be entitled to Cash Back only on selected products listed in www.VPayCash.in website an any other purchases made by the Member would not be considered for the purpose of calculation of Cash Back.

   
   
8. The purchases made through Eway’s Affiliate or Affiliated Merchants will be deemed a "Qualified Purchase" and will be subject to earn a Cash Back if and only if all of the following criteria are satisfied:

   1. "Cookies", both first and third party (if applicable), must be enabled on the Member’s Web browser.
   2. All potential Qualified Purchases must begin by clicking on the Affiliate or Affiliated Merchant’s link or pop-ups that appears on the Eway Web site and being successfully connected to the Affiliated Merchant’s Web site based upon that click.
   3. Eway may, at all times, route the Member’s request for a merchant site through specific links, in order to assure that the sale can be tracked correctly. Any alteration of these links will invalidate the Member’s sale and entitlement for a Cash Back, which will not be deemed a Qualified Purchase.
   4. All purchases must be started and completed in one shopping session within the Eway shopping program. If the Member starts a purchase, then complete it in a different session, the Member will be ineligible for a rebate.
   5. The Member must not use coupons not listed on the Eway website.

   1. Items must not be returned. If they are, the initial purchase will be invalidated and not be deemed a Qualified Purchase. It is made clear that if the Member for any reason goes directly, without following the procedure prescribed in Eway’s website and makes purchase from the Affiliate or Affiliate Merchant or Vendor’s website then in such an event the Member would not be entitled to Cash Back and Eway does not hold any obligation or responsibility to pay Cash Back.
      

9. The determination of whether or not a purchase made through a Eway Affiliated Merchant is a "Qualified Purchase" is at the sole discretion of Eway.
   
10. "Account Activation" is completed upon the making of a Qualified Purchase at any Eway Affiliate merchant site.
    

11. The Member may be taxed on accrual of cash back rewards, depending on the amount of cash back rewards accrued. Eway may choose to provide the Member with those notices on such occasion or pay such tax amount and inform the Member. In all instances, the Member will be solely responsible for any and all tax liability arising out of accrual or redemption of cash back.
    

12. The purchases not eligible for accrual or payment of cash back rewards are detailed in the Eway website.
    

13. The member is responsible to periodically check his account to ensure that the cash back is being properly credited. In the event of any discrepancy regarding the cash back, the member is required to contact Eway with complete details of qualifying purchase. Eway would process any query from the member within a period of 60 days and inform the member regarding such claims.
    

14. The percentage of cash back depends on the affiliate merchants terms and conditions and is subject to change and review from time to time. If there are any adjustments, the same is liable to be adjusted in the member’s account by Eway without any notice.
    

15. Eway reserves its right to terminate any account for abusive or fraudulent activity or if Eway finds any information provided by the member to be false.
    
16. Eway is not responsible for any change, discontinuance, withdrawal etc. by any Affiliate Merchant or for any effect on accrual of cash back rewards caused by such changes, discontinuance, or withdrawal.
    

17. Eway does not guarantee or make any representation regarding the quality, accuracy of any advertisements, products, services provided or offered by Affiliate Merchants or any persons selling any products. The member is required to form an independent opinion for any of the purchases made from the Affiliate Merchant.
    

18. Eway does not guarantee the coupons or special offers that are not listed in Eway site. Eway also does not guarantee the payment of the Cash Back until the Affiliate or the Affiliate Merchant credits the same to Eway.
    

19. The member upon registration will have to select a password to permit access to Eway account. The member is entitled to modify or change the account information by duly logging into the Eway website. The member is entitled to verify all details including the cash back by checking the account information. Any change in account information or the details furnished by the member necessary e-mail would be sent to the valid e-mail address provided by the member at the time of the registration. The member shall keep such e-mail account active or provide any change in e-mail address immediately to Eway. Eway will not entertain or provide any information to the member except through the e-mail address provided by the member.
    

20. Eway reserves its right to disclose the information of the member, the transactions made, the cash back received on receipt of any valid notice or summons from any Government or statutory authorities. The member further authorizes Eway to disclose to third party the information provided regarding the member or shopping behaviour to agents / licensors or Eway or its affiliate to independent Auditors, Attorneys, Consultants or for providing non-personalised marketing services or for advertising or to a merchant partner. The member further agrees for Eway to collect and use non-personalised marketing information regarding the visits or purchases made from internet commerce site.
    

21. The member agrees to receive communication, marketing e-mails and accept to receive e-mails regarding offers, shopping related mails, etc.
    

1. The member is required to provide necessary information regarding the bank account for transfer of such cash back. In the event of the member choosing not for online transfer, at the request of the member the cash back would be paid only by way of Account Payee cheque in the name of the member. Eway would be entitled to deduct all the charges/expenses that may be incurred for payment of Cash Back.

2. Eway is not responsible for any misinformation, error or incomplete details provided by the member.
   
3. Eway does not accept any responsibility which may be solely arising out of member’s default.
   

1. Any notice regarding termination by Eway would be sent to the e-mail address provided by the member. In the event the member chooses to terminate this agreement, the member is required to send notice to the customer care of Eway giving the account id of the member.
   

2. In the event of a member committing breach of any of the terms and conditions of this agreement or fails to comply or abuses the cash back or makes any misrepresentation or furnishes any false information, the membership would stand terminated, ipso facto, and all cash back accrued would be forfeited
   

3. Eway reserves its right to terminate or close the accounts which have been inactive for more than 12 months. Any amount lying in such inactive account would be forfeited.
   

   This Agreement shall be governed by and construed in accordance with the laws of India.

1. In the event of any difference or dispute between the Member and Eway the same shall be settled by way of Arbitration to a Sole Arbitrator to be appointed by Eway and in accordance with the provision of Arbitration & Conciliation Act, 1996. The venue of such Arbitration shall be at Chennai, India. The Courts in Chennai shall have the exclusive jurisdiction over such Arbitration proceedings.
   

2. The award of the Arbitral Tribunal shall be final and binding on the Parties.
3. The language of Arbitration proceedings shall be in English.
   
4. The costs and expenses of the arbitration, including, without limitation, the fees of the arbitration, and including, without limitation, the fees of the Arbitral Tribunal, shall be borne as may be determined by the Arbitral Tribunal.
   

  If any provision of this Agreement is invalid, unenforceable or prohibited by Applicable Law, this Agreement shall be considered divisible as to such provision and such provision shall be inoperative and shall not be part of the consideration moving from either Party hereto to the other, and the remainder of this Agreement shall be valid, binding and of like effect as though such provision was not included herein.

  The Clause headings used in this Agreement are intended for convenience only and shall not be deemed to supersede or modify any provisions.

  Nothing contained in this Agreement shall constitute or be deemed to constitute a partnership between the Parties, and no Party shall hold himself out as an agent for the other Party, except with the express prior written consent of the other Party.

  Eway is protected by copyright. The site is intended for the personal use of the member and may not be reproduced, copied or used with or without any modification, other than for the Member’s personal use.