Terms & Conditions
1. Introduction:
Welcome to www.LeadMoju.com. This Service is
operated by Pouring Pounds Ltd (“we”, “us”, “Company”, “LeadMoju” or “LeadMoju.com”).
Please read these terms of service (“Terms of Service” or “Agreement”)
carefully as they contain the legal terms and conditions that you agree to when
you use the service provided by us through LeadMoju.com (“Site/app”).
2. Membership:
LeadMoju.com membership is available through
registration process after you submit certain requested information to LeadMoju.com.
Before registration we ask whether or not you agree to current Terms of
Service. If you don’t agree to our Terms of Service you will not be permitted
to use the LeadMoju.com service. Please be aware that a member of LeadMoju.com
is not allowed to run any paid ads on Google, Facebook or any other platform
pointing to LeadMoju.com. If the member does not comply with this then it would
result in immediate termination of his/her account.
3. Our Service:
Our Service allows users who register on the
Site ("Members") and therefore create an account with us
("Account") to earn Profit on tracked purchases from retailers on the
Site ("Retailers"). To qualify for Profit, the Retailer must confirm
that the Member's purchase is tracked, genuine and successful (constituting a
"Qualifying Transaction”). Members can share their LeadMoju links with
their friends, family etc. When any Qualifying Transactions are generated via
these links and LeadMoju receives commission fee for these Qualifying
Transactions from Retailers, LeadMoju will pay Members “Profit” for sales
generated via their LeadMoju links. Please note that if for any reason
whatsoever, LeadMoju does not get paid commission from Retailers for Qualifying
Transactions, then no Profit is due to the Member as well.
Also, in the event that the Retailers do not
track a transaction using their affiliate tracking system, then such sales
might not be paid to LeadMoju, and hence any due or expected Profit from these
sales will also not be paid to the Member.
Unique Referral Fee:
The LeadMoju.com Service also provides a
unique referral fee to its Members where the Members get ten per cent Profit on
each new Member's Profit introduced by them in the manner provided on the Site
("Qualifying Referral") as long as they remain a Member themselves.
Please see Clause 5 below for details.
4. Becoming a Member:
You must be at least 16 years of age to become
a Member.
You must register on LeadMoju using accurate
and current information about yourself - including your correct name, address
and any other requested details. If you are asked for, and provide, details of
a bank account into which you wish to receive payments (your "Profit
Receipt Method"), you (a) must ensure that you are, and remain, fully
entitled to use that Profit Receipt Method, and (b) confirm that you wish to
receive Profit through that Profit Receipt Method. You should keep this
information updated through your Account.
Note that your Profit Receipt Method (such as
NEFT) may have rules about the maximum or minimum payment that you can receive
through that Profit Receipt Method.
Important: You must ensure that the email
address we hold for you is kept up-to-date and that you have full access to it
- we will be sending you important messages there. If you change email address,
then you must change the address we hold for you on your Account.
5. Profit and Referral
Fees:
After a Member successfully completes a
Qualifying Transaction, and once we have received the resulting Profit for that
Qualifying Transaction, we pass that Profit to the Member through his/her
Profit Receipt Method.
Please note that there are various
circumstances in which a transaction with a Retailer may not constitute a
Qualifying Transaction, or Profit may not result from it. This is also true for
a Qualifying Referral. The Member understands that all transactions made by
him/her are not with us, but with the individual Retailer. Our help pages
provide further information about these circumstances. Further, from time to
time Retailers may increase or decrease the commission paid – in which case the
Profit offer illustrated on our Site may be incorrect. By default, your
applicable transactions will be credited in line with the commission reported
to us by the Retailer, which may be more or less than the advertised rate. We
shall not be liable for any difference in the expected Profit by the Member and
the actual Profit received by the Member.
When we have traced a paying, Qualifying
Transaction to your Account, we will credit your Account with a 'pending
payment'. Once the Retailer confirms the transaction, the payment will be
marked as 'validated' – this can take 90 days or more from the date of the
purchase. If the goods are returned or the sale reversed or amended by any
means then the Profit payment will not be made. Apart from the Retailer, it is
also mandatory for the members to intimate LeadMoju about any returns or
exchanges for which they might have earned Profit unduly.
Whether a transaction shall qualify as a
Qualifying for Profit Transaction (including Profit through a Qualifying
Referral) shall be at the sole discretion of the Retailer or us and the Member
understands and agrees to the same. We shall not be held responsible if the
Retailer fails to report a sale to us or does not qualify a transaction as
Qualifying Transaction. Further, we shall not be responsible in the event due
to some technical or other error we cannot trace a sale back to the Member and
does not qualify the transaction as a Qualifying Transaction or a Qualifying
Referral for any reason whatsoever. Whilst we will endeavour to recuperate
non-payments from the Retailer, the decision of ourselves, the Retailer or
Retailer's tracking agent is final. Whilst we will try and recuperate missing
commissions, at any point we reserve the right not to chase missing commission
claims, particularly where no purchase has been made.
Further, in the event that the Retailer feels
that the purchase is not genuine for any reason whatsoever and we do not
receive any Profit for the transaction, the Member will not receive any Profit.
We reserve the right to reclaim or make
balance adjustments accordingly where it has been established that any credit
has been applied in error. This will include but is not limited to transactions
where the credit is not genuinely due or payment for any credited transaction
has not been received from a Retailer or its agencies and/or misuse or fraud.
This can include transactions which are already marked as payable or validated
in your Account, or for transactions which have already been paid over to you
by [NEFT] or any other means. In all such incidences, LeadMoju has the right to
recover all unduly paid Profit which the member is not entitled to earn,
through legal proceedings.
6. Your Account:
You can withdraw your validated profit when
you have at least $25 in your Account. In the event the Member decides to close
the Account with us or the Member's Account is closed for any reason whatsoever,
before reaching the initial Rs 10 limit, then no Profit shall be payable to the
Member. We have the discretion to forfeit any such validated balance showing on
your Account for the reasons provided elsewhere in this Agreement.
7. Intellectual
Property:
You acknowledge that all copyright,
trademarks, and other intellectual property rights in and relating to the Site
(including the material which is contributed by Members or Retailers) are owned
by, or licensed to, us. It is easy to copy material which appears on web-sites,
but this does not mean it is legal. Therefore, no-one may copy, distribute,
show in public or create any derivative work from the Site, or any of the
material which is found on the Site unless properly licensed to do so by us.
By uploading or including any material on the
Site, a Member expressly grants:
<!--[if !supportLists]-->a.
<!--[endif]-->to us a non-exclusive
license (including the right to grant sub-licenses) to use, reproduce and
distribute that material through LeadMoju and any other interactive services
through which we or our sub-licensee make LeadMoju available; and
<!--[if !supportLists]-->b.
<!--[endif]-->to other Members
(through us, under the license referred to in a) above), the non-exclusive,
personal, non-transferable right to view the relevant material.
8. Privacy &
Cookie Policy:
Our Privacy & Cookie Policy forms part of
this Agreement, and by entering into this Agreement you also give your consent
to the way we handle your personal data under that policy. Given the global
nature of the World Wide Web, please note that a posting on the Site may be
accessible to internet users around the world.
9. Our Role:
We are not a party to any transactions with
Retailers, and are not the seller or supplier of any of the goods or services
that they make available. Thus we do not have any of the legal obligations that
apply to the sellers of those goods or services.
Accordingly, we have no control over or
responsibility for:
the quality, safety, or legality of those
goods or services available from Retailers; or whether the Retailer can or will
supply and pass good title to any goods or services.
Members should exercise no lesser degree of
caution in entering into transactions with Retailers than they would when
entering into a similar transaction offline. To the extent that the Applicable
Law permits, you release us, our agents and employees from all liability
arising out of or in connection with any transactions with Retailers, including
(without limitation) all claims and demands relating to uncompleted or
completed transactions with Retailers, or goods or services offered for sale or
supply, or actually sold or supplied, through or in connection with any
transactions with Retailers.
10. Misuse:
We reserve the right to suspend or terminate
any Members access to our service, or parts of it, if in our reasonable view
the relevant Member or Account appears to be in breach of any provision of this
Agreement.
Members must not enter into, or attempt to
enter into, any transaction with a Retailer or to gain Profit (a) by providing
personal information of someone else, or a payment method which they are not
entitled to use, (b) by deceptively or unfairly exploiting a Retailers offering
including but not limited to creating fake or unauthorized referral links, or
(c) in breach of any terms and conditions applied by us or the Retailer to that
transaction. We reserve the right to forfeit any pending payments or validated
payments in the Member's Account in case of such misuse of our service by the
Member.
It is each Member's obligation to ensure that
any material posted by him/her or associated with his/her Account:
is not defamatory,
offensive, or abusive or of an obscene, indecent or menacing nature;
is not intended or likely to cause needless annoyance, inconvenience or
distress to any person;
does not contain any computer virus, macro virus, Trojan horse, worm, or
anything else designed to interfere with, interrupt, or disrupt the normal
operating procedures of a computer or to surreptitiously intercept, access
without authority, or expropriate any system, data or personal information;
does not contravene the Applicable Law or regulation (including, but not
limited to, laws governing consumer protection, distance selling, unfair
competition, anti-discrimination, false advertising, copyright, trademark and
privacy);
does not breach the rights of any person or entity (including any rights or
expectations of privacy);
where it constitutes feedback on a Retailer, is accurate and fair; and
does not advertise any goods or services.
Notwithstanding anything contained elsewhere
in this Agreement and the Privacy Policy, we reserve the right to investigate
complaints or reported violations of this Agreement and to take any action we
deem appropriate, including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons or entities
relating to your Account, email addresses, usage history, posted materials, IP
addresses and traffic information. Any Member, who in the sole discretion of
the Retailer or us, has committed fraud in use of the Site or Service or
misused the Site or Service, their Account will be closed, email and IP address
will be blacklisted so they cannot use it again, and cannot register from the
same PC.
If you see or experience anything on our Site
that appears to infringe any of the above requirements, we would like you to
inform us by using our contact form.
Each Member acknowledges that we are entitled,
but not obliged, to withdraw any material, which appears - based on information
received from third parties or other Members - to be in breach of this
Agreement.
11. Contact from third
parties:
If anyone contacts us in relation to material
or transactions associated with you or your Account, then you agree:
to provide all
reasonable information and assistance we may require in connection with
responding to that contact; and
to respond promptly and accurately to it, should we pass the message to you for
a response.
12. Additional services:
We or our partners may offer new or additional
services through the Site from time to time. Your use of those services may be
subject to additional terms and conditions, which you must comply with.
Provided that those terms are notified to you on the Site in an appropriate
manner (as determined by us in our reasonable discretion) when you agree to
take those services, any failure by you to comply with a material provision of
the terms governing those services will amount to a breach of this Agreement.
13. Operation of our
Service:
We reserve the right to withdraw, modify or
suspend aspects of the Profit Service, or the entirety of it, where we have
legal, security, technical or commercial reasons to do so. We will endeavor to
give you 30 days advance notice before taking such action, except where it is
necessary to take earlier action for security reasons or because of technical
difficulties which would otherwise adversely affect the our service. There may
also be times when the Service becomes inaccessible as a result of technical
difficulties experienced by us or on the Internet; we will, however, use
reasonable skill and care to overcome these difficulties where they are within
our control. Please note, however, that we cannot guarantee continuous access
to the Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that
any periods of planned unavailability, which you will be informed of when you
access the Profit Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require
you to change password or other information which facilitates access to the
Service; however, we will never ask you for your password via email, telephone,
or any other means other than through the Site. You are solely responsible for
maintaining the confidentiality of your password and any additional identifying
information.
14. Disclaimer and
Limitation of Liability:
Disclaimer:
The content and material from or through the
site are provided "as-is," "as available," with "all
faults", and all warranties, express or implied, are disclaimed (including
but not limited to the disclaimer of any implied warranties of merchantability,
non-infringement, freedom from error, and fitness for a particular purpose).
The information and services may contain bugs, errors, problems or other
limitations. We and our affiliated parties have no liability whatsoever for
your use of any information or service, except as provided in sub-section
13(d). In particular, but not as a limitation thereof, we and our affiliated
parties are not liable for any indirect, special, incidental or consequential
damages (including damages for loss of business, loss of profits, savings,
litigation, or the like), whether based on breach of contract, breach of
warranty, tort (including negligence), product liability or otherwise, even if
advised of the possibility of such damages. The negation and limitation of
damages set forth above are fundamental elements of the basis of the agreement
between us and you. This site and the products, services, documents, content
and materials and information presented would not be provided without such
limitations. No advice or information, whether oral or written, obtained by you
from us through the site or otherwise shall create any warranty, representation
or guarantee not expressly stated in this agreement. All responsibility or
liability for any damages caused by viruses contained within the electronic
file containing a form or document is disclaimed.
Liability:
We warrant that the
Profit Service will be provided with reasonable care and skill with the
intention of meeting our specifications for the Profit Service, but we cannot
and do not guarantee that the Profit Service will meet your requirements.
We shall be liable as expressly provided in this Agreement, but shall have no
other obligation, duty or liability whatsoever in contract, tort (including
negligence, breach of statutory duty and any other tort) or otherwise.
Nothing in this Agreement shall exclude or restrict our liability for death or
personal injury resulting from our negligence.
Limitation of Liability: Subject always to sub-Clause e. below, we shall be
liable for direct loss or damage only, whether in contract, tort (including
negligence, breach of statutory duty or other tort) or otherwise, and whether
caused by its act or omission or that of its employees, agents or
subcontractors. The aggregate liability of our Company and the affiliated
parties in connection with any claim arising out of or relating to the site
and/or the products, information, documents and services provided herein or
hereby shall not exceed Rs 500 and that amount shall be in lieu of all other
remedies which you may have against us and any affiliated party to us.
We will not be liable to you or anyone else, whether in contract, tort
(including negligence, breach of statutory duty or other tort) or otherwise
(A) for any loss of revenue, business, anticipated savings or profits; (B)any
errors in or omissions from the Site or any services or products obtainable
therefrom; (C) the unavailability or interruption of the Site or any features
thereof; (D) your use of the Site; (E) the content and materials contained on
the Site; (F) or any delay or failure in performance beyond our control or any
of our affiliated parties.
for any indirect, special or consequential loss damage, costs or other claims,
howsoever caused or arising, whether through non-supply or late supply of the
Profit Service or other non-performance of this Agreement or otherwise.
Except as expressly stated elsewhere in this Agreement, all representations,
warranties, conditions and other terms, whether express or implied (by common
law, statute, collaterally or otherwise) are hereby excluded, except in the
case of fraud, or where such exclusion is not permitted by Applicable Law.
For the avoidance of doubt, we will not have liability to you or any other
person in respect of material contributed by Members, transactions (or
non-transactions) with Retailers, or any activity or communication relating to
such material or transactions.
The provisions of this Clause 13 shall survive
the termination or expiry of this Agreement.
15. Third Party
Content:
Third party content and materials may appear
on the Site or may be accessible via hyperlinks from the Site. We are not
responsible for and assume no liability whatsoever for any mistakes,
misstatements of law, defamation, omissions, falsehood, obscenity, pornography
or profanity in the statements, opinions, representations or any other form of
content and materials appearing on the Site or accessible via hyperlinks from
the Site.
16. Communications:
You hereby expressly agree to receive
communications by way of SMS, e-mails, mobile app notifications or other
messages from LeadMoju.com.
17. Indemnity:
You agree to indemnify us against all
liabilities, claims and expenses that may arise out of or in connection with
(a) any breach of this Agreement by you or through your Account, or (b) any
transaction with a Retailer.
18. Assignment:
We reserve the right to assign this Agreement,
and to assign or subcontract any or all of our rights and obligations under
this Agreement, but will not do so in such a way as to reduce any guarantees
you are given under this Agreement. You may not without our written consent
assign or dispose of this Agreement, nor subcontract any of your rights and
obligations under it.
19. Entire Agreement:
This Agreement is intended to contain your
entire agreement with us relating to the Profit Service; we believe it to be
fair and reasonable. It replaces all earlier agreements and understandings with
you relating to the Profit Service, except for any fraud or fraudulent
representation by either of us.
20. Changes to this
Agreement:
We reserve the right to change this Agreement
from time to time, and post the new version on the Profit Service. When we do
so, we will post the new version of the Agreement on the Profit Service, and
the new version of these terms and conditions will take effect, and will govern
the Profit Service and your relationship with us:
commencing no less
than thirty days after the date of posting (or such later date as we indicate
in the relevant posting), if any of the changes is to an operative provision of
this Agreement which is capable of adversely affecting you; if you do not wish
to be governed by the new version of the Agreement, you may notify us on or
before the date when the new version of the Agreement is to take effect, and
from that date you must cease to use our service; or
immediately upon the date of posting (or such later date as we indicate in the
relevant posting), if the changes are not to operative provisions, or not
capable of adversely affecting you - examples of which would include, without
limitation, changes to contact details referred to, or the refinement of
provisions that are already included, in this Agreement.
21. General:
In the event that any term of this Agreement
is held to be invalid or unenforceable, the remainder of this Agreement shall
remain valid and enforceable. You and us are independent contractors, and no
agency, partnership, joint venture or employee-employer relationship is
intended or created by this Agreement. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
22. Governing Law:
This Agreement, and our relationship with you
and each Member, is governed as per the Indian Laws. You and we each submit to
the non-exclusive jurisdiction of the Indian courts in relation to disputes
arising in connection with this Agreement.
23. Keeping this
Agreement:
We don't separately file the individual
Agreements entered into by Members when they register for our Service. You can
access it at www.LeadMoju.com. Please make a durable copy of this Agreement by
printing and/or saving a downloaded copy on your own computer. It is offered in
English only.
24. Contact:
You can reach us on – leadmoju21@gmail.com