GitKash Terms and Conditions
1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between our users (“user” or “you”), and GITKASH (“we,” “us” or “our”), concerning your access to and use of GITKASH.
By using GITKASH, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using GITKASH, and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on GITKASH from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason.
It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms and Conditions by your continued use of the APP after the date such revised Terms and Conditions are posted.
The terms and conditions shall apply to all the users in the USA where GITKASH shall be used.
2. Description
GITKASH has an application for ‘Brick and Mortar’ retailers which allows them to market to local mobile phone users. GITKASH does not require any installation, integration or business process changes in the store. We do not charge any setup or monthly fee and the merchant makes no commitment to spend anything. They only pay us if we generate new revenue for then and then it is a percent of the incremental revenue.
3. Changes to the Terms
We may modify the Terms from time to time. The most current version of the Terms will be located [HERE]. You understand and agree that your access to or use of GITKASH is governed by the Terms effective at the time of your access to or use of GITKASH. If we make material changes to these Terms, we will notify you by email, by posting a notice on GITKASH, and/or by other method prior to the effective date of the changes. You should revisit these Terms regularly as revised versions will be binding on you. You understand and agree that your continued access to or use of GITKASH after the effective date of changes to the Terms represents your acceptance of such changes.
4. Intellectual Property Rights
Unless otherwise indicated, GITKASH is our proprietary property. All source code, databases, functionality, software, web app designs, audio, video, text, photographs, and graphics on GITKASH (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on GITKASH “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of GITKASH and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use GITKASH, you are granted a limited license to access and use GITKASH. We reserve all rights not expressly granted to you and to GITKASH, the Content, and the Marks.
5. User Representations
By using GITKASH, you represent and warrant that:
a) All registration information you submit will be true, accurate, current, and complete.
b) You will maintain the accuracy of such information and promptly update such registration information as necessary.
c) You have the legal capacity, and you agree to comply with these Terms and Conditions.
d) You will not access GITKASH through automated or non-human means, whether through a bot, script, or otherwise.
e) You will not use GITKASH for any illegal or unauthorized purpose.
f) Your use of GITKASH will not violate any applicable law or regulation. g) GitKash uses Stripe to make payouts to users. The Stripe Recipient Agreement applies to your receipt of such payouts. To receive payouts from GitKash you must provide us with accurate and complete information about you and your business, and you authorize GitKssh to share it and transaction information related to your payout with Stripe.
If you provide any untrue, inaccurate, not current, or incomplete information, we have the right to suspend or terminate your Account and refuse any and all current or future use of GITKASH (or any portion thereof).
6. How to Use GitKash
a) Mobile phone users who download GITKASH can view deals from local retailers. If they are interested in a deal, they go to the store, buy the product/service and then photograph the receipt from within GITKASH.
b) If it is a valid deal, we credit their GITKASH account by the amount they are entitled to. This money remains in their GITKASH account until they move it to their checking account, which is done via Stripe.
c) Users can currently move a minimum of $10 which can take up to 5 business days.
d) There are limits established in terms of how much cash back a user can get per day, per merchant, etc.
7. Default and Programs
When a merchant signs up to use GitKash, there may be default merchant offers pre-programmed for the merchant. The merchant can choose to end these offers and or add additional offers.
8. Inactive Accounts
For accounts that are inactive (haven’t redeemed a deal in six months), we will charge a monthly “maintenance fee’ of $10 per month until the account is empty at which point we will close the account.
9. Billing Merchants
On a regular basis, we bill merchants for all of the consumer credits we have processed as well as our fee.
10. Referrals
a) You are encouraged to refer merchants to GITKASH. If the merchant signs up, you are entitled to a Merchant Conversion Incentive (MCI) payment.
b) The MCI may vary but it is currently set at $100.
c) The MCI will be paid into the your GITKASH account based on a percent of the GITKASH fee we get from the merchant you referred until it reaches the MCI amount.
d) The length of time it will take to reach the full MCI amount will vary based upon usage in the store, the percent we allocate to paying MCIs, the value of the MCI, etc. In the event GITKASH usage is low or non-existent in the store you may never receive the full amount or any if there is no usage.
11. Terms of Service
a) The merchant is obligated to make payments; failure to do so could result in legal action.
b) You have agreed that we can use your data for marketing purposes.
c) You agree to only redeem receipts from legitimate purchases made by you.
d) We will have redemption limits.
e) GitKash may decide from time to time to offer an incentive of a fixed amount for every scanned receipt from merchants in a given area for a period of time. These incentives will accumulate in the consumer’s account in the same way as other incentives do and all of the terms and conditions apply to these programs as well.
f) We will have the right to suspend you if you fail to pay or breach any other obligations set out in these terms and conditions.
g) You have agreed that we can use your logo and company information including location, hours.
h) You have agreed that we can post your details on our social media platforms, this shall include pictures.
i) GitKash has no control over, or obligation from, any offer, promise, or statement made in the free text part of offers.
j) You have the authorization to sign this terms and conditions agreement.
12. User Registration
You may be required to register with APP. You agree to keep your password confidential and will be responsible for all use of your Account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
13. Representations and Warranties
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
a) You also represent and warrant that you will not and will not assist, encourage, or enable others to use APP to:
b) Violate our Terms, including the Content Guidelines and Terms and Conditions
c) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
d) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination
e) Solicit personal information from minors, or submit or transmit pornography and
f) Violate any applicable law.
14. Indemnity
You agree to indemnify, defend, and hold harmless GITKASH, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors, and representatives of each of them (collectively, GITKASH Entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to:-
a) Your access to or use of GITKASH
b) Your violation of the Terms,
c) The breach of your representations and warranties as provided under these Terms.
15. Third Parties
We are not responsible for the actions of third parties with whom you share personal or sensitive data, and we have no authority to manage or control third-party solicitations. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.
We use Stripe, Inc. for payment processing. Stripe’s Recipient Agreement can be found at https://stripe.com/en-gb/legal/connect-account/recipient
16. Using the Services
You may use the Services only in compliance with these Terms and all applicable laws, rules, and regulations. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or users generally. We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
17. Your Account
You need to create an account to use our Services. You are responsible for safeguarding your Account, ensure the use of a strong password, merchant will have passwords, mobile apps won’t , and limit its use to this Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Account, and you may not be able to opt-out from receiving them.
18. Your License to Use the Service
GITKASH gives you a personal, worldwide, royalty-free, non-assignable, and nonexclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by GITKASH in the manner permitted by these Terms. The Services are protected by copyright, trademark, and other laws of the USA. Nothing in the Terms gives you a right to use GITKASH’s name or any of GITKASH’s trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, titles, and interests in and to the Services (excluding Content provided by users) are and will remain the exclusive property of GITKASH and its licensors. Any feedback, comments, or suggestions you may provide regarding GITKASH or the Services is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
19. Ending these Terms
You may end your legal agreement with GITKASH at any time by deactivating your accounts and discontinuing your use of the Services.
20. Disclaimers and Limitations of Liability
Please read this section carefully since it limits the liability of GITKASH entities to you. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have, which may not be lawfully limited. By accessing or using GITKASH, you represent that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
21. Disclaimer
GITKASH IS MADE AVAILABLE TO YOU ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT GITKASH ENTITIES MAY NOT MONITOR, CONTROL, OR VET USER CONTENT OR THIRD-PARTY CONTENT. AS SUCH, YOUR USE OF GITKASH IS AT YOUR DISCRETION AND RISK. GITKASH ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF GITKASH ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA OR GITKASH CONTENT. ACCORDINGLY, GITKASH ENTITIES ARE NOT LIABLE TO YOU FOR ANY PERSONAL INJURY, LOSS, OR DAMAGE THAT MIGHT ARISE.
22. Arbitration, Disputes, and Choice of Law
Except for excluded claims: any claim, cause of action, request for relief, or dispute that might arise between you and GITKASH (“claims”) must be resolved by arbitration on an individual basis; you and we agree that each may bring or participate in claims against the other only in our respective individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and GITKASH agree otherwise, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. You and GITKASH expressly waive the right to trial by a jury.
“Excluded Claims” means:-
(a) Claims brought by you or GITKASH that could be brought in small claims court, if permitted by the rules of that court, or
(b) Claims related to intellectual property (like copyrights and trademarks), violations of GITKASH’s API Terms of Use (which, for clarity, are governed by those terms), or a breach of Representations and Warranties. Excluded Claims may be brought in court. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any Claim cannot be arbitrated in accordance with this provision, then only that Claim may be brought in court, and all other Claims remain subject to arbitration.
Excluded Claims and Claims that cannot be arbitrated must be brought in court. You or GITKASH may seek relief in any small claims court of competent jurisdiction. All other Excluded Claims and Claims that cannot be arbitrated are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within the STATE OF CALIFORNIA and you consent to the personal jurisdiction of these courts to litigate any such Claim.
The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual Claim.
23. Governing Law
These Terms and Conditions and your use of GITKASH are governed by and construed in accordance with the laws of the State of CALIFORNIA applicable to agreements made and to be entirely performed within the State of CALIFORNIA without regard to its conflict of law principles.
24. Termination
You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of GITKASH, and providing GITKASH with a notice of termination here.
We may close your Account, suspend your ability to use certain portions of GITKASH, terminate any license or permission granted to you hereunder, and/or ban you altogether from GITKASH for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your Account, GITKASH, and/or any other related information.
25. Contact Us
To resolve a complaint regarding GITKASH or to receive further information regarding the use of GITKASH, don’t hesitate to get in touch with us at [email protected]