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Services refer to the services offered by the company to the users, including but not limited to providing affiliate marketing tools and data feeds for affiliate marketers. Third-Party refers to any individual(s), company, or entity apart from the User and the Company.
The Website also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Coupomated agrees to provide access to the client and use of the Service in this Agreement. Using this service clients enables to subscribe to various affiliate marketing tools, coupon data, and coupons via electronic feed or API. Service is operated on a self-serve basis under which the client is responsible for its selections and actions in connection with its use of the Service. The client is one who is responsible for integrating the Service into his/her portal. Despite what has been mentioned before, Client may not sublicense the use of the Service to any third party without ETPL’s prior written consent, in which case Client shall be solely responsible for the acts and omissions of such sub-licensees and shall ensure their compliance with this Agreement. While Coupomated will make reasonable efforts to update the Links & the Service on a regular basis, we reserve the right to remove links from the Service at any time without prior notice and does not guarantee that any number of Links will be included in the Service or that updates will be made to the Service at any specific time.
You acknowledge that expired links or other errors with your content may result in negative impressions of marketers, you, and the Website. Therefore, you agree to regularly and within a reasonable amount of time (but no later than 24 hours) keep all publicly-accessible links current & up-to-date with the latest information from the Service. You are permitted to use the content if you have a direct relationship with an affiliate network or merchant or any merchant-specific affiliate program. While we take all the required efforts to keep the content, links, and coupon terms up to date, it’s prone to have imperfections, errors, inaccuracies, and deficiencies at a time, the client understands this while agreeing to use our services.
In addition to Monetization Service Providers, Coupomated may integrate with other third-party services, and platforms & incorporate third-party data (collectively, “Third Party Platforms”).
With respect to such Third-Party Platforms, the Client agrees that:
(i) since Coupomated is not the provider or operator of such Third-Party Platforms, Coupomated is not responsible for the acts, omissions, accuracy, or operation of such Third-Party Platforms and
(ii) Client shall comply with all applicable terms, conditions, rules, and guidelines of the Third-Party Platforms that are made available to Client by Coupomated or that Client chooses to use.
All logos used on this website belong to their respective companies along with TM/IP. We have used it here only for representation purposes
3. Account Registration
A client must register to become a registered user to use the various features of the service. All the information of the client must be authenticated, and truthful. A client may not use fake or aliases to mask the actual identity. The client is responsible for the security of its password & liable for any unauthorized use of the password.
You will be required to verify your domain, and your website ownership by placing a text file in the root or placing a unique verification code in the header, only after the verification is successful the feed will be activated.
The client agrees that we may use the logo, company name & web address to disclose the relationship herein. Coupomated may place the Client’s logo and name in its listing of clients on its website, online communications, and print communications. You also acknowledge that on registration, it is deemed that You also sign up for the Newsletter feature offered by the Website.
Registration on this website is available only to those people above the age of 18 years. Barring those “Incompetent to Contract” which inter alia include insolvents under the Contract Act of the respective user’s nationality. If You are a minor and wish to use the Website, you may do so through Your legal guardian and Us. We reserve the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services.
Coupomated will presume that all activity under a username and password is being conducted by the client. If a client suspects any unauthorized use of its user name and password, the client must contact Coupomated immediately. In the case that You provide Us with false and/or inaccurate details or We have reason to believe you have done so, we hold the right to permanently suspend Your account. You shall have only one account for each live website.
The pricing plan shown on the website is excluding the applicable taxes. Applicable taxes will be added on top of the mentioned amount during the payment.
To process financial transactions safely and securely on the Website, we use third-party electronic payment processors including Stripe. As per the process, you store your card details on Stripe payment gateway with authorization to charge your account as per the subscription plan, pricing & frequency. You agree to terms and conditions set by the payment processor, Stripe.
All the payment card-related details are saved securely by Stripe following global security standards. User to ensure the valid card is stored in Stripe for the payment. In case of card expiry, the user to replace the card with a valid card, else the subscription will be ended.
The user is hereby expressly made aware that his/her card statements will reflect that a payment has been made in favor of the Company. The User is further aware that in the case of third-party statements, including bank & credit card statements, the merchant name may appear in an abbreviated format, and the Company has no control over the same. By using the Website, the User expressly agrees to the terms & conditions & payment policy published in the appropriate section of the Website, or affiliated platforms where reference to such affiliated Platforms has been specifically made. However, subject to the development of the mode of payment the payment gateway might change.
Transactions on the Coupomated are secured. Any information entered by the User when transacting on the website is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by, or retained by the Company / Website in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.
Changes in Pricing:
Except as otherwise set forth on the offer, Coupomated may change the pricing set forth on our website at any time by providing Client thirty (30) days prior written notice, provided that, Client may terminate this Agreement without liability on account of such termination during such notice period if Client does not accept such changes. Use of the Service after the expiration of the thirty (30) day notice period shall be deemed acceptance of the revised pricing terms.
5. GST & TDS
By default, the invoice generated by Stripe will be shared. The GST invoice will be available within 7 business days from the payment date on the email and user dashboard.
User to ensure valid business details along with GSTIN is saved before making payment, any change in the business details after the payment will not be permitted.
The client can take the input tax credit again their purchases by filing the GST invoice issues by Coupomated after the payment is successfully made.
We hereby confirm that software supplied vide Coupomated is acquired in a subsequent transfer and it is transferred without any modification and tax has been deducted under section 194J on payment during the previous transfer of such software deposited under our PAN number by the PAN Holder. Hence TDS need not be deducted on this invoice as per Notification No: 21/2012 ( F. No. 142/10/2012- SO 1323(E)), dated 13-06-2012 issued by the Ministry of Finance (CBDT).
The subscription plan is created with recurring payments as per your selected frequency of monthly, quarterly, yearly. In case of cancellation, the client needs to be terminated the contract from the dashboard. You will be able to use all the services until the expiry of the current subscription. Once the subscription is canceled and the current subscription is ended, the automated renewal will be stopped.
In no circumstances, the refund is eligible for the active subscription.
Upon cancellation, the client has to remove all the data generated from the Coupomated feed from their portal.
7. Merchant & Affiliate Relationship
By using the Links, the Client represents and warrants to Coupomated that it has entered into a binding contract with the Marketer, Affiliate Network, and/or Monetization Service Providers. If Client’s contract with any Merchant or Affiliate Network or Monetization Service Providers ceases, then Client must cease using the Links applicable to such Marketer, Affiliate Network or Monetization Service Providers.
The client may only use the Links in strict compliance with, and shall otherwise completely comply with, the terms and conditions of the applicable Marketer, Affiliate Network, or Monetization Service Providers. The client acknowledges that Coupomated is under no obligation to monitor or confirm the client’s relationship with the Marketers, Affiliate Networks or Monetization Service Providers, that compliance with their terms and Client’s agreements is solely its responsibility, and that Coupomated makes no representations or warranties regarding client’s authority to use the service in connection with such agreements. Upon request from a Merchant, Affiliate Network, or Monetization Service Providers, Coupomated may remove a marketer or any links from the Service without prior notice.
The client understands that Coupomated has no control over link monetization and any dispute on missing sale is to be pursued directly with Merchant, Affiliate Network, or Monetization Service Providers.
8. Termination Terms
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Upon termination of Client’s account for any reason, the Client must cease using the Service and Links and pay Coupomated for any outstanding fees.
10. Use of Service
The information contained within the Service has been collected at great time & expense to Coupomated, and the client acknowledges that this information constitutes the valuable property and trade secrets of Coupomated. The client agrees not to use access to the service, or the information contained therein, to compete with Coupomated or assist any other party to compete with Coupomated or damage Coupomated’s business. The client agrees to keep all non-public information, including the unique collection of information available on the service, strictly confidential & to only use such information in connection with its permitted use of the Service. The parties acknowledge that the restrictions contained herein are reasonable, but agree that if any court of competent jurisdiction shall hold such restrictions unreasonable as to time, activities, or otherwise, such restrictions shall be deemed to be reduced only to the extent necessary in the opinion of such court to make them reasonable. Both parties acknowledge and agree that, in the event of a breach of this Section 8, Coupomated will suffer irreparable harm and that Coupomaed will be entitled to injunctive or other equitable relief without prejudice to any of Coupomated’s other rights and remedies.
Except as authorized by Coupomated, the Client may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store or distribute content available on the Service. Further, the Client may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to the Client under this Agreement. The client may not resell use of, or access to, the Service to any third party.
11. Intellectual Property Rights
- Third-Party Content: Some content on this website may be sourced from third parties, including brand images, texts, and logos. Coupomated may acknowledge the ownership of such content by the respective third parties.
- Reporting Copyright Infringement: If you believe that your copyrighted work has been used on our website in a way that constitutes copyright infringement, please contact our legal team at [email protected] promptly with the following information:
- ◾ A description of the copyrighted work.
- ◾ Identification of the infringing material.
- ◾ Your contact information.
- ◾ Legal Documents of Copyright Ownership.
- Content Removal: In the event of a valid copyright complaint, Coupomated reserves the right to promptly remove the infringing content. If you have concerns about the use of any content on our website, please contact our legal team at [email protected].
12. Service Warranty:
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any
(1) errors, mistakes, or inaccuracies of content and materials,
(2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site,
(3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(4) any interruption or cessation of transmission to or from the site,
(5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party, and/or
(6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
13. Limitations of Liability:
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the six (6) month period prior to any cause of action arising. The client acknowledges that Coupomated has entered into this Agreement relying on the limitations of liability stated herein and that Coupomated would not offer Client the Service without those limitations, which are an essential basis of the bargain.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) Your Contributions;
(2) Use of the Site;
(5) Your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) Any overt harmful act toward any other user of the site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15. Governing Law:
These Terms shall be governed by and defined following the laws of India. Coupomated and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms. The prevailing party in any action herein shall be entitled to recover its reasonable attorney’s fees and expenses.
Notwithstanding the foregoing, Coupomated shall not be prohibited from initiating an action in court without proceeding to arbitration to collect unpaid fees, protect its intellectual property rights, or for equitable relief.
In connection with this Agreement, each party may disclose or may learn of or have access to, certain confidential proprietary information owned by the other party (“Confidential Information”). Confidential Information means any data or information, oral or written, that relates to a party, or any of its business activities, technology, developments, inventions, processes, trade secrets, know-how, plans, financial information, forecasts, and projections. Notwithstanding the foregoing, Confidential Information is deemed not to include information that: (i) is publicly available or in the public domain at the time disclosed; (ii) is or becomes publicly available or enters the public domain through no fault of the receiving party; (iii) is rightfully communicated to the receiving party by persons not bound by confidentiality obligations with respect thereto; (iv) is already in the receiving party’s possession free of any confidentiality obligations with respect thereto; (v) can be demonstrated was independently developed by a party without the use of any Confidential Information of the other party; or (vi) is approved for release or disclosure by the disclosing party without restriction.
Each party shall maintain the Confidential Information of the other party in strict confidence and shall not disclose, publish or copy any part of such Confidential Information except as authorized and as necessary in connection with this Agreement. Each party shall use the Confidential Information of the other party solely for the purpose of performing obligations under this Agreement and only disclose the Confidential Information on a need-to-know basis, provided that, such party shall be liable for the acts of any third party who obtains the Confidential Information from such party. Each party shall take all necessary precautions in handling the Confidential Information of the other party and limit disclosures on a strict need-to-know basis. However, a party may disclose Confidential Information of the other party pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that such party gives reasonable prior notice to the other party to contest such order or requirement. Upon the termination or expiration of this Agreement, each party shall return to the other party, or certify the destruction of, all Confidential Information of the other party, provided that, neither party shall be obligated to purge information archived pursuant to their normal document retention procedures if the provisions of this section otherwise continue to be observed.
17. Miscellaneous Provisions
Entire Agreement: The Parties acknowledge that the Agreement and all other terms and conditions incorporated by reference herein, contains all the terms agreed between the Parties concerning the subject matter of the Agreement, and replace all prior, whether verbal or written, undertakings concluded between the Parties concerning the subject matter hereof. The Agreement prevails over any other document, including any general terms and conditions of purchase of the client.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Liability: The Mobile App and the Company shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
Severability: If any provision of the Agreement or its application to any person or circumstances is to any extent invalid or unenforceable, the remainder of the Agreement, or the application thereof to any person or circumstances other than those as to which it is invalid or unenforceable, will not be affected, and each provision of the Agreement will be valid and enforced to the fullest extent of the law.
18. Contact Us
If you have any questions about this Agreement, the practices of the Website, or your experience with the Service, you can e-mail us at [email protected].