Last updated January 9, 2023
These Terms of Use (the "Agreement") are a legal agreement between you and Boost Interactive Inc ("Boost Interactive") and govern your use of the Cashback Kitty browser extension (the "Cashback Kitty"), the Cashback Kitty website located at www.cashbackkitty.com and all other Boost Interactive Cashback Kitty-branded websites (each, a "Website"), and other software applications and online services provided by Boost Interactive (collectively, the "Service").
You must redeem Cashback Kitty Rewards Points earned via usage of the Service to receive cash back.
Although Points can be exchanged for cash back, additional redemption possibilities exist. You are under no obligation to redeem your Points for cash back. Prior to redemption, points are not money and have no monetary worth. Points can only be earned on purchases that qualify. Points can expire. To avoid account expiration, you must maintain an active account and earn at least 10 points every 365 days (for example, from May 10th of this year to May 10th of next year). This means that if you haven't earned at least 10 new points over the previous 365 days, your points will expire. Read the Cashback Kitty Rewards Program Agreement to learn more about the Cashback Kitty Rewards Program.
Please consider them carefully if you reside in Canada, Australia, New Zealand, India, Mexico, or Brazil.
If you are located in the United Kingdom or Europe, the Terms of Service that govern your use of the Service can be found at https://cashbackkitty.com/terms/eu.
By using any aspect of the Service, you agree to be bound by this Agreement and to comply with its terms. This Agreement applies to you regardless of whether you are a "Member" (meaning you have a Cashback Kitty account) or a "Visitor" (which means that you are using the Service but have not created an account with Cashback Kitty). A Visitor or a Member is referred to as "you" or "User." Cashback Kitty is referred to by the terms "we," "our," and "us." To use the Service, you must be an individual at least 18 years old, or the age of majority in your state, province, or country of residence. You may not use the Service or accept this Agreement if you are not of legal age and lack the ability and legal capacity to establish a legally binding contract with Cashback Kitty. If you use the Service, you affirm that you are able to be bound by the terms of this Agreement. The Service is for noncommercial, personal use only. You agree not to use the Service for the benefit of a third party or for any commercial purpose.
THIS AGREEMENT CONTAINS (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION LAWSUIT AGAINST US; AND (3) A RELEASE BY YOU OF CLAIMS FOR DAMAGE AGAINST US ARISING FROM YOUR USE OF THE SERVICE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. By utilizing the service, you agree to the following terms.
Periodically, Cashback Kitty may modify this Agreement or other policies governing the Service. Any modifications to the Agreement will be disclosed at https://www.cashbackkitty.com/terms, along with the date of the most recent update. If you disagree with the modifications, you must uninstall any applicable Cashback Kitty software and discontinue use of the Service. By continuing to use the Service following the posting of any modifications to this Agreement on the Website, you agree to be bound by those changes.
The Service is subject to the privacy and data protection standards of Cashback Kitty (our "Privacy Statement"). Please review the Privacy Statement for Cashback Kitty at https://www.cashbackkitty.com/privacy. Our Privacy Statement describes how Cashback Kitty collects, uses, and distributes your information when you visit our Website, use the Cashback Kitty Mobile App, or access the Service in any other way. By using the Service, you consent to the collection, use, and disclosure of your information by Cashback Kitty in accordance with our Privacy Statement.
The Service features a suite of tools that enable Users to search for deals, coupons, discount codes, and exclusive offers, to discover pricing and product information, and to look for online shopping discounts. Members may also use the Service in order to earn Cashback Kitty Rewards Points, as detailed in the Cashback Kitty Rewards Program Agreement. Cashback Kitty provides a range of access points to our Service, including the Website, a browser extension, and in some countries, a mobile application. Not every component of our Service will be accessible via all channels or at all locations. For instance, certain features of our Service may only be accessible via the Cashback Kitty browser plugin or in specific regions.
In addition, you must be a Member to access some areas of our Service, such as the ability to earn and redeem Cashback Kitty Rewards Points.
You are not charged any fees by Cashback Kitty for its Service. We seek out the finest discounts and coupons available to the public, monitor product price, and negotiate unique bargains that may be superior to those offered to the public. When you purchase or engage with these offers, we earn revenue to support the Service. While we make every effort to locate the finest discounts, coupons, and cheap prices, we may not always discover the best bargain. Cashback Kitty is not liable for missing savings or reward opportunities.
While we make every effort to provide accurate descriptions of the products, offers, coupons, discount codes, sales, and other information displayed on or through the Service, much of the information we display (including many coupon and offer descriptions) is supplied by third parties over whom we have no control. We do not warrant that the product descriptions, third-party offers or discount codes, or related merchant information or terms displayed through the Service (including the browser extension, Website, Cashback Kitty Mobile App, or emailed offers) are accurate, complete, trustworthy, up-to-date, or error-free. The existence of any products on the Website or Cashback Kitty Mobile App at a given moment does not indicate or guarantee that these products will be available at a later period.
The availability of promotions, discounts, and discount codes is subject to change. Exclusions, restrictions, and terms and conditions may apply, including exclusions, restrictions, and terms and conditions imposed by third-party merchants. Due to the frequency with which deals change, the application of offers, coupons, and discount codes at checkout may or may not result in order discounts.
The Service enables you to access information about products posted for sale online by third-party merchants, locate offers for those products, and track pricing information. When you are on the website of a third-party merchant, Cashback Kitty may provide you with product details and savings chances via our browser extension. You may also access a third-party merchant website via a link on the Website or in an email offer, or the Cashback Kitty Mobile App may display a merchant website. However, merchant products will always be purchased directly from the merchant and via the merchant's website. You are not purchasing the item from or with Cashback Kitty. Cashback Kitty is not a reseller or distributor of third-party merchants' items. You may only be able to purchase gift cards from Cashback Kitty, as detailed in the section under Gift Cards Purchased From Cashback Kitty.
If you are dissatisfied with your merchant product purchase, if you wish to return your merchant product, if you ordered a merchant product and it has not arrived, or if you have another customer service question regarding your purchased merchant product, you must contact the merchant from whom you purchased the product. Cashback Kitty is not involved in your purchase of a product from a merchant and cannot assist you with customer service inquiries or returns pertaining to that purchase. To assist you with customer care issues, Cashback Kitty may include the merchant's contact information within the Cashback Kitty Mobile App for some merchants.
Cashback Kitty may present you with Cashback Kitty offers and other tailored and non-personalized pricing and product information for third-party merchants' goods and services. These offers and product details may be presented in a variety of formats, such as links to third-party websites or coupons or discount codes redeemable on purchases from third-party merchants.
Additionally, Cashback Kitty may advertise some product-specific offers, which may provide you a specified number of Rewards Points if you purchase a particular product from a particular third-party merchant ("Cashback Kitty Offers"). Not every Cashback Kitty Offer will be accessible on all devices, browsers, or channels. For instance, we may display a certain Cashback Kitty Offer on your mobile phone, but the same offer may not be accessible on your desktop computer or other device. Similarly, we may display a certain Cashback Kitty Offer to you when you are using a particular web browser, but that same Cashback Kitty Offer may not be available to you when using a different web browser or another channel, such as the Cashback Kitty Mobile App. In order to take advantage of a Cashback Kitty Offer, you must follow the instructions provided on that device and channel (and, if applicable, in the same web browser that the Cashback Kitty Offer was presented in).
Cashback Kitty may track how you use our services, including whether you click on Cashback Kitty links to third-party websites, your actions on those third-party merchant websites, and whether you utilize the discount or coupon coupons displayed by Cashback Kitty, in order to improve our services.
All products you purchase from a third-party merchant, including those linked from the Website or Cashback Kitty emailed offer, or displayed through the Cashback Kitty Mobile App or the Cashback Kitty browser extension are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, or federal taxes and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced by the applicable third-party merchant. Cashback Kitty is not liable for any third-party merchant items or information contained on the third-party merchant's website (including if the third-party merchant's website is displayed via the Cashback Kitty Mobile App).
You accept that your purchase from a third-party merchant is subject to the terms and conditions of that third-party merchant. You acknowledge that Cashback Kitty is in no way responsible or liable for any products you purchase through or using the Service, including for any claims related to product liability, erroneous charges, delivery failures, pricing problems, or inaccurate product descriptions. You recognise and accept that Cashback Kitty is not responsible or accountable for any breaches of credit card or debit card security or privacy committed by third-party merchants.
Cashback Kitty does not support, warrant, or guarantee the items or services displayed through the Service, including Cashback Kitty Offers and other promoted connections to third-party websites. Cashback Kitty is not an agent, distributor, re-seller, or broker for third-party merchants or their websites, nor is it responsible for their operations or policies or the items or services they offer. Cashback Kitty does not claim or guarantee that the product information, prices, coupon availability, or other service terms, rates, or rewards supplied by a specific advertiser or other third party via our Service are the best prices, best terms, or lowest rates in the market.
When you access third-party websites using our Service, you acknowledge that you do so at your own risk and that Cashback Kitty is not liable for such risks. We encourage you to be aware when you are on the website of a third-party merchant and to read the terms and conditions and privacy policies of every third-party website or service you visit or use.
Cashback Kitty has no control over, and disclaims all liability for, the content, accuracy, privacy policies, practises, or viewpoints expressed on third-party websites or by third-parties with whom you engage using the Service. Moreover, Cashback Kitty does not and cannot monitor, verify, censor, or modify the content of any third-party website or service.
By using the Service, you release us from any and all liability arising from your use of any third-party website or service. You acknowledge that Cashback Kitty is under no obligation to become involved in any dispute between you and a third party (including a merchant from whom you purchase a product through the Service). You release Cashback Kitty, our parent company Boost Interactive, Inc., our affiliates, and each of their respective officers, employees, agents, and successors from any claims, demands, and damages of every kind or nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with any dispute you have with a third-party in connection with the Service. California Civil Code Section 1542 states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
Cashback Kitty may provide you with the option to redeem your rewards points for gift cards issued by and redeemable with third-party merchants on Cashback Kitty via the Website, browser extension, or Cashback Kitty Mobile App, some of which may be discounted. Depending on the conditions of the applicable gift card program, you may then be able to use the gift card to purchase goods from the third-party retailer.
Please note that if you redeem rewards for a gift card through Cashback Kitty and then use that gift card to make a merchant transaction, you may not receive the same incentives through your credit or debit card (such as 2x points or 5% back) as if you had purchased the product directly from the merchant.
The terms and conditions of the applicable merchant and/or the merchant's card issuer govern the use of third-party gift cards made available as a redemption option through the Cashback Kitty Rewards Program. Gift cards and card balances are issued by the merchant or the card issuer and are completely their responsibility. You agree that Cashback Kitty is not responsible for any gift card program, is not the issuer of any gift cards, is not the holder of any liabilities related to unredeemed gift cards, and makes no representations or warranties regarding the gift cards offered by Cashback Kitty or the products and services you purchase with any such gift card. All purchases of gift cards are final and non-refundable.
The Cashback Kitty Mobile App is only available to users in specific countries; it may not be available in your country or location at this time.
The Cashback Kitty Mobile App operates on an application associated with a specific device and operating system, such as Apple's iOS. Your use of the Cashback Kitty Mobile App may be subject to separate agreements with your mobile device operating system provider (e.g., Apple®, Google® or Microsoft®), your mobile device manufacturer (e.g., Apple®, Samsung®), your mobile service provider (e.g., AT&T® or Verizon®), and other parties involved in providing your mobile device service (which we individually refer to as a "Covered Third Party" and which we collectively refer to as "Covered Third Parties"). When using the Cashback Kitty Mobile App, you agree to abide by all relevant third-party terms of service. We are not a party to these contracts and have no responsibility for the goods and services offered by third parties. You realize and accept that this agreement is between you and Cashback Kitty, and not with any Third Party that is Covered by this Agreement. You understand and agree that we are solely responsible for the Cashback Kitty Mobile App and for providing any maintenance or support services for the Cashback Kitty Mobile App (and not any Covered Third Party).
Covered Third Parties have no warranty obligations with regard to the Cashback Kitty Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Cashback Kitty Mobile App to conform to any warranty provided by us (if any) will be our sole responsibility.
We are responsible for addressing any claims related to the Cashback Kitty Mobile App, including, but not limited to: I product liability claims; (ii) any claim that the Cashback Kitty Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) intellectual property claims.
If you use the Cashback Kitty Mobile App on an Apple® or Google® device, you acknowledge and agree that Apple® or Google® (as applicable) and their subsidiaries (as applicable) are third party beneficiaries of this Agreement, and they will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary. These rights may also accrue to other handset manufacturers and operating systems that support the Cashback Kitty Mobile App.
Insofar as the other terms and conditions of the remainder of this Agreement are inconsistent with the terms and conditions of this section, the terms and conditions of this section govern, but only with regard to your use of the Cashback Kitty Mobile App downloaded from the Apple App Store or Google Play.
When you create an account with Cashback Kitty, you may be able to register your account, log in, or otherwise link your Cashback Kitty account to a third-party account, such as your Facebook® or Google® account ("Linked Account"). You represent that any Linked Accounts you link to your Cashback Kitty account belong to you and that you are authorized to do so. Cashback Kitty does not control the policies and practices of any third-party site or service, including any Linked Account you connect to the Service, and Cashback Kitty is not liable for any actions or omissions of Linked Account providers, including those related to accuracy, legality, or non-infringement. Cashback Kitty is not liable for the products and services provided by or via your Linked Account. If enabled by your Linked Account, Cashback Kitty may import data from your Linked Accounts in order to provide you with a better experience
The Cashback Kitty Rewards Program (the "Cashback Kitty Rewards Program") is provided by PayPal to Cashback Kitty account holders through the Cashback Kitty mobile app, https://www.cashbackkitty.com, the Cashback Kitty extension made available to Cashback Kitty users participating in the Cashback Kitty Rewards Program, and any other channels Cashback Kitty may make available from time to time. The Cashback Kitty Rewards Program Agreement governs your access to and use of the Cashback Kitty Rewards Program; it is incorporated herein by reference. All capitalized phrases pertaining to the Rewards Program that are not otherwise defined in this Agreement shall have the meanings specified in the Cashback Kitty Rewards Program Agreement.
Cashback Kitty may, on occasion, permit you to earn Cashback Kitty Rewards Points in exchange for promoting the Service, such as by referring a friend to the Service ("Referral Program"). To be eligible to earn Points through the Referral Program, you must I refer a new user to the Service using your personalized link, (ii) the new user must use your link to create a user account and become a Member, and (iii) the new user must make a qualifying purchase using their Member account and earn Points.
You may not attempt to earn Points in connection with the Referral Program using fraud, deception, or artificial or illegal means, such as by creating multiple or duplicate accounts, participating in a bot network, spamming, or any paid promotional channel. We reserve the right, at our sole discretion, to withdraw Points in connection with the Referral Program for any reason, with or without justification. We may also, at our sole discretion and without prior notice, impose limits on the number of Points you can earn via the Referral Program or any part thereof. Failure to comply with this Agreement or any fraudulent or abusive activities may result in the loss of Cashback Kitty Rewards Points from your account, as well as the suspension or closure of your Cashback Kitty account and/or the suspension or termination of your access to the Service by Cashback Kitty.
You agree and acknowledge that you are solely responsible for maintaining the secrecy of your Log-in ID, email address, password, and any other personal identifying information or other codes used to access your Cashback Kitty account or the Service ("Log-In Information''). You promise to immediately contact Cashback Kitty if you become aware of any unauthorized use of your Log-In Information.
Accurate records allow Cashback Kitty to serve you with the Service. You promise to maintain the accuracy and currency of your email address, other contact information, and payment details in your Cashback Kitty account profile. If you do not comply, the accuracy and efficacy of the Service to you will be compromised, and you may not get account notifications that we send. Even if you fail to maintain accurate contact information, you will be presumed to have received any notices sent to the email address you most recently provided.
By providing your email address to us, you agree to receive all account-related correspondence via email. You are responsible for keeping this address current and accurate. Notices will be provided in HTML (or plain text if your system does not support HTML) in the body of the e-mail or by a link to the relevant page on our website, which can be accessed by any standard, modern, commercially available internet browser. We may also use your email address to notify you about products and services we and third parties offer that may be of interest to you. If you do not wish for us to use your information in this manner, please alter your user preferences in your account profile or click "Unsubscribe" at the bottom of any email we send you.
Cashback Kitty may notify you via email, push notifications, or other electronic methods. Some electronic alerts, such as those related to security, are obligatory, such as when you alter your login credentials or password.
Other types of notifications are optional and can be customized using the Service. You are able to alter, disable, and resurrect them. These notifications allow you to choose alert messages for your account. Cashback Kitty may, at any time and at its sole discretion, add new notifications or discontinue certain notifications. Upon activating your notifications service, you may be requested to choose from a variety of options for each alert. You may also be able to customize the way you receive push notifications via the Cashback Kitty Mobile App by adjusting the settings on your mobile device.
Notifications will be sent to the primary email address you specified for the Service.
Since notifications are not encrypted, your password is never transmitted. However, alerts may contain your Cashback Kitty login information and other account-related data. Whoever has access to your email can inspect the contents of these alerts. Even if you disable certain optional alerts, we will still send you Service-related notifications as necessary to provide the Service.
The Service's contents, including its "look and feel" (e.g., text, graphics, pictures, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs), and other content are protected by copyright, trademark, and other laws. The Service's content belongs to or is licenced by Cashback Kitty or its software or content providers. Cashback Kitty gives you access to and use of the Service pursuant to the terms of this Agreement. It is illegal to distribute, republish, or electronically reproduce any content from the Service, except as expressly permitted in this Agreement or with our prior written agreement. Send us an email at [email protected] if you would want to request such permission.
Your right to access and use the Service is personal to you and cannot be transferred to any party. You may only access and utilize our Service for legitimate, non-commercial, internal purposes. Cashback Kitty hereby grants to you, subject to your compliance with this Agreement, a personal, worldwide, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to I use the software and content provided to you as part of the Service (for personal, non-commercial purposes); and (ii) download a single copy of our software for such use.
You consent to Cashback Kitty's use of your comments, suggestions, and ideas in any manner, including in future improvements to the Service, other products or services, advertising or marketing materials (although any use of your personal information will be subject to our privacy statement).
Your access to and usage of the Service may be occasionally interrupted due to circumstances beyond our control (such as unavailability of general Internet infrastructure). Additionally, access and use may be stopped for routine service updates, maintenance, or repairs performed by Cashback Kitty. We will make reasonable steps to make the Service accessible to you, but we cannot guarantee that it will always be accessible.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services required for downloading, installing, and utilizing the Cashback Kitty Mobile App. We cannot guarantee that the Cashback Kitty Mobile App is compatible with all mobile devices or service plans. We do not guarantee the availability of the Cashback Kitty Mobile App or the ability to place orders from a certain geographic region.
Cashback Kitty cannot always predict or foresee technical or other challenges that may result in the inability to obtain data or the loss of data, customization settings, or other service interruptions. Cashback Kitty cannot guarantee the timeliness, correctness, deletion, non-delivery, or storage of any user data, communications, or personalized preferences.
Cashback Kitty may, as part of the Service, permit Users to submit content on various publicly accessible sites within the Service ("User Content"). You agree that when publishing User-generated content, you will abide by the following guidelines:
You are accountable for all User Content that you upload to the Service.
By submitting User Content to us, you warrant that you have all necessary rights and grant us a perpetual, worldwide, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the User Content in connection with the Service and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) (and derivative works thereof). You also hereby give each User a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, generate derivative works of, display, and perform such User Content as permitted within the Service's functionality and under this Agreement.
You are prohibited from posting or transmitting any message, data, image, or program that violates the property rights of others, such as unauthorized copyrighted text, images, or programmes, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing manner.
You may not interfere with other Users' use of the Service, including, but not limited to, disrupting the normal flow of dialogue in an interactive area of the Service, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate load on the Service infrastructure or adversely affects the availability of the Service for others.
You represent, warrant, and agree that you will not submit any content or otherwise use or interact with the Service in a way that:
If you break or violate any of the aforementioned rules, we have the right to immediately suspend or cancel your permission to use or access the Service.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CASHBACK KITTY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT OR OPERATION OF THE SERVICE OR THE SERVICE ITSELF. YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
CASHBACK KITTY MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER SPONSORED OR NOT), AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. CASHBACK KITTY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT AVAILABLE THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING THAT ANY USER CONTENT YOU PROVIDE IS ACCURATE, AND WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR THE ACCURACY OF SUCH CONTENT.
You acknowledge and accept that any alerts sent to you via the Service may be delayed or stopped by a number of circumstances. Cashback Kitty strives to offer notifications with accurate and timely information. However, neither the delivery nor the accuracy of any notification's content are guaranteed. You also agree that Cashback Kitty is not liable for any delays, failure to send, or misdirected delivery of any notification, any inaccuracies in the content of a notification, or any actions taken or not taken by you or any third person in reliance on a notification.
CASHBACK KITTY SHALL NOT IN ANY CASE BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REV Cashback Kitty's total liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to $500. (FIVE HUNDRED UNITED STATES DOLLARS).
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, CASHBACK KITTY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW IN SUCH STATES OR JURISDICTIONS. The preceding limitations shall therefore apply to the maximum extent permitted by law. This agreement has no effect on statutory rights that cannot be waived or limited by contract.
Your Indemnification of Cashback Kitty and Boost Interactive Corp.
You shall defend, indemnify, and hold Cashback Kitty, Boost Interactive Corp., and its officers, directors, shareholders, and employees harmless from and against all claims and expenses, including attorney's fees and other legal expenses, in whole or in part arising out of or attributable to your use of the Service (including any purchases you make through the Cashback Kitty Mobile App or browser extension) or any breach of this Agreement by you or your violation of any law or the rights of a third-party.
This Agreement will remain in effect until either you or Cashback Kitty terminates it as detailed below.
If you wish to terminate this Agreement, you may do so by closing your account for the Service at any time. If you have created a Membership, please follow the instructions below to cancel your account. Otherwise, simply uninstall Cashback Kitty and cease using the Service and visiting our website.
Send an email to [email protected] to terminate your account. Upon doing so:
Your account will be deactivated, and you will no longer be able to log in; any data in our records will be maintained in accordance with our privacy statement.
Cashback Kitty may instantly terminate this Agreement (and your right to access and use the Service) at any time by sending you an email to the address you submitted as part of your Registration Information (if it is safe to do so).
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (REGARDLESS OF WHETHER SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH RESPECT TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS AGREEMENT, YOUR USE OF THE SERVICE, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED B IN GENERAL, IN ARBITRATION, THE RIGHTS TO DISCOVER AND APPEAL ARE MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
You must write a letter requesting arbitration and explaining your claim to 600-625 Howe Street, Vancouver, BC V6C 2T6 if you intend to initiate an arbitration process.
You may also file your claim in your local "small claims" court, if permitted by that court's regulations and if within its jurisdiction, unless the matter is transferred, removed, or appealed to another court. You may only bring claims in your own name. We will not participate in a class action or class-wide arbitration for any claims covered by this arbitration agreement, nor will you.
BY AGREEING TO THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER, YOU AND CASHBACK KITTY ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS ACTION CLAIM THAT EITHER SIDE MAY HAVE AGAINST THE OTHER, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
You also agree not to participate in private attorney general or representative claims or consolidated claims involving another person's account if we are a party to the case. This dispute resolution clause is controlled by the Federal Arbitration Act and not any state arbitration legislation. If the American Arbitration Association is unwilling or unable to set a hearing date within one hundred sixty (160) days after the filing of the case, either you or we may choose to have the arbitration mediated by the Judicial Arbitration and Mediation Services instead. Any court with competent jurisdiction is permitted to enter judgment on the arbitrator's award. Contrary to any provision of relevant law, the arbitrator has no authority to award damages, remedies, or awards that are inconsistent with this Agreement. You agree that, notwithstanding any legislation or law to the contrary, any claim or cause of action arising out of, relating to, or connected with the use of the Service or this Agreement must be brought within one (1) year after such claim or cause of action commenced or be eternally barred.
If you are an individual and do not wish to arbitrate disputes with Cashback Kitty, you may opt out of this ARBITRATION CLAUSE & CLASS ACTION WAIVER by writing an email to [email protected] within thirty (30) days of the date you first access or use the Service. Severability. If it is determined that the foregoing ban against class actions and other claims brought on behalf of third parties is unenforceable, then the entirety of the preceding wording in this Arbitration section will be null and void. This arbitration clause will outlast the end of our relationship.
This Agreement and your relationship with Cashback Kitty under this Agreement shall be governed by the laws of the Province of British Columbia, without regard to its conflict or choice of law rules. Any dispute with Cashback Kitty or its officers, directors, employees, agents, or affiliates arising out of or relating to this Agreement shall be resolved exclusively as specified in the ARBITRATION CLAUSE & CLASS ACTION WAIVER clause above, except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case Cashback Kitty may seek such relief in any court of competent jurisdiction. You acknowledge that, in exchange for your acceptance to this provision, Cashback Kitty is able to provide the Service to you at the specified terms for little or no cost, and that your assent to this provision is a necessary consideration for this Agreement.s
You also acknowledge and agree that, for any dispute with Cashback Kitty or Boost Interactive Corp, its officers, directors, employees, agents, or affiliates arising out of or connected to your use of the Service or this Agreement:
YOU WAIVE YOUR RIGHT TO HAVE A TRIAL BY JURY; and YOU WAIVE YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH A DISPUTE.
You may have heard of the Digital Millennium Copyright Act (the "DMCA") in relation to internet service providers, such as Cashback Kitty, being asked to remove allegedly infringing user-generated content. We respect the intellectual property rights of others, and we reserve the right to delete or disable allegedly infringing User Content and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, please click here. Click here to learn more about the DMCA.
Notice of California Consumer Rights Under Section 1789.3 of the California Civil Code, California users of the Service get the following explicit notice of consumer rights: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached by mail at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952- 5210.
The Commissioner of Financial Regulation for the State of Maryland will accept any questions or complaints regarding our service provider Blackhawk Network California, Inc. (Lic # 1044077) at the following address: Office of the Commissioner of Financial Regulation 500 N Calvert Street, Suite 402 Baltimore, Maryland 21202, or by calling (888) 784-0136.
Cashback Kitty may assign, without recourse, any or all of its rights or responsibilities under this Agreement, including the entire Agreement or a portion thereof.
If any portion of this Agreement is deemed unlawful, void, or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable; rather, only the portion of this Agreement that is unlawful, void, or unenforceable shall be eliminated.
You agree that if Cashback Kitty does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Cashback Kitty enjoys under any applicable law), this will not be construed as a formal waiver of Cashback Kitty's rights, and those rights or remedies will still be available to Cashback Kitty.
All covenants, agreements, representations, and warranties contained within this Agreement shall survive both your acceptance of this Agreement and its cancellation.
In this Agreement, "including" means "including but not limited to."
Cashback Kitty welcomes comments, questions, complaints, or recommendations. Please send us feedback through email to [email protected] or by mail to 600-625 Howe Street, Vancouver, BC V6C 2T6.
If you access or use our Service in Canada, the following additional terms and conditions apply and are incorporated into the Agreement. In the event of any disagreement or inconsistency between the following supplemental terms and the main body of the Agreement, the following supplemental terms shall govern your access to or use of our Service in Canada:
Application of the Provincial Consumer Laws of Canada Nothing in this Agreement is intended to disclaim, exclude, prevent, or limit the applicability of provincial consumer laws in Canada, including any applicable statutory consumer assurances and rights. Any disclaimer of representations or warranties, release, or restriction of our responsibility to you shall only apply and be enforceable to the extent permitted by law under this Agreement.
The Governing Law for Consumers in Quebec. If you reside in Quebec, the Agreement shall be governed by Quebec law, without regard to rules of conflicts of law.
Commercial Electronic Messages: Where required by law, we will get your permission to send you Electronic Notifications, Push Messages, or emails regarding our own and third-party products and services that may be of interest to you.
Jurisdiction. You agree to irrevocably submit to the non-exclusive jurisdiction of the courts of Ontario, and if you reside in Quebec, to the courts of Quebec, for any suit, action, or other proceeding arising out of this Agreement, unless the parties agree otherwise.
If you access or use our Service in Australia, the following additional terms and conditions apply and are incorporated into the Agreement. In the case of a disagreement or inconsistency between the following supplemental terms and the main body of the Agreement, the following supplemental terms shall govern your access to or use of our Service in Australia:
Compliance with the Australian Consumer Law. Nothing in this Agreement disclaims, excludes, prevents, or limits the applicability of the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth), including any applicable statutory consumer guarantees contained in the Australian Consumer Law. Any disclaimer of representations or guarantees, release or limitation of our responsibility to you shall only apply and be enforced in accordance with this Agreement to the extent authorized by law, including, where applicable, the Australian Consumer Law.
Indemnity. You will not be required to indemnify Cashback Kitty and Boost Interactive Inc. under the section under "Your Indemnification of Cashback Kitty" if any claims or expenses originate from the negligence or willful misconduct of Cashback Kitty, its officers, directors, shareholders, or employees.
Modification. In the event that Cashback Kitty alters this Agreement, we will offer you with appropriate advance notice, if possible.
Points earned through PayPal's rewards program. Except in cases of fraud, any cancellation, modification, or restriction of any feature of the Cashback Kitty Rewards Program will take effect when we provide you with adequate notice and will not be retroactive.
Marketing and public relations You consent to receiving, and to our use and disclosure of your personal information in order to send you, sponsored links from advertisers, third-party offers, Cashback Kitty Offers, personalized links or other electronic notifications that may be of interest to you, subject to your right to unsubscribe under "Your Registration Information."
Notification and consent for collection. You acknowledge and agree that our Privacy Statement describes how and why we collect, use, disclose, and handle your personal information; how to access and seek correction of your personal information; how to file a complaint regarding the handling of your personal information; and how we will handle such a complaint. We may not be able to give you access to certain portions of the Service if you do not furnish us with the required personal information. You acknowledge that your personal information may be disclosed to our affiliated entities and to third parties who assist us in providing the Service (subject to and in accordance with our privacy statement), including parties located outside of Australia, such as in the United States and the European Union.
Jurisdiction. You consent to the exclusive jurisdiction of the Australian Courts with regard to this agreement.
If you access or use our Service in New Zealand, the following terms apply and are incorporated into the Agreement. In the case of any disagreement or inconsistency between the following additional terms and the main body of the Agreement, the following supplemental terms shall govern your access to or use of our Service in New Zealand:
New Zealand consumer law is applied. This Agreement does not disclaim, exclude, restrict, or limit the application of statutory aspects of New Zealand consumer law, such as the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Any disclaimer of representations or warranties, release, or restriction of our responsibility to you shall only apply and be enforceable to the extent permitted by law under this Agreement.
Indemnity. You are not required to indemnify Cashback Kitty under the section labeled "Your Indemnification of Cashback Kitty" to the extent that any claims and expenditures result from the negligence or other unlawful act or omission of Cashback Kitty and Boost Interactive Corp., its officers, directors, shareholders, or employees.
Modification. In the event that Cashback Kitty alters this Agreement, we will offer you with appropriate advance notice, if possible.
Program of Cashback Kitty rewards Except in cases of fraud, any cancellation, modification, or restriction of any feature of the Cashback Kitty Rewards Program will take effect when we provide you with adequate notice and will not be retroactive.
Commercial Electronic Messages: Where required by law, we will get your permission to send you Electronic Notifications, Push Messages, and/or emails regarding our own and/or third-party products and services that may be of interest to you. We shall comply with all applicable legal obligations for the electronic messages we send you, and we will ensure that any text messages you receive are not invoiced to you unless you have expressly accepted the fees and charges associated with them.
Jurisdiction. Regarding this agreement, you submit to the exclusive jurisdiction of the courts of New Zealand.
If you access or use our Service in India, the following additional terms and conditions apply and are incorporated into the Agreement. In the case of any disagreement or inconsistency between the following additional terms and the main body of the Agreement, the following supplemental terms shall govern your access to or use of our Service in India:
Law of Jurisdiction and Arbitration. This Agreement is governed by Indian law. If you are a User based in India, despite anything to the contrary in the section titled "Governing Law and Forum for Disputes," any controversy, conflict, or dispute of any kind arising out of or relating to or in connection with this Agreement, including a dispute regarding the existence, validity, or termination of this Agreement, shall be finally resolved by arbitration. The arbitration will take place in Bangalore, and the hearings will be held in English. A single arbitrator, mutually agreed upon in writing, shall conduct and eventually resolve the arbitration. The arbitrator shall issue a final and binding ruling or award, including a determination of the expenses of the arbitration. Unless otherwise determined by the arbitrator, each party shall incur and pay its own costs, expenses, fees, disbursements, and other charges of its counsel in connection with the arbitration proceedings.
You are not permitted to withdraw the sum equal to Cashback Kitty Rewards Points into your bank account or any other payment instrument, or request a withdrawal in cash, a bank draft, or in any other form. The sum corresponding to your Cashback Kitty Rewards Points can only be used to redeem for gift cards from our partner institutions, which can be used to purchase qualifying products or services from these partners.
The gift cards you redeem with Cashback Kitty Rewards Points are issued by third-party merchants with whom we have a contract; Cashback Kitty does not issue, maintain, or control these cards. The accrual of Cashback Kitty Rewards Points is always tied to the purchase of products and services from third-party merchants or the completion of other specified acts, such as account creation, account update, etc. Under no circumstances will it be possible to purchase Cashback Kitty Rewards Points separately with legal currency. We reserve the right to adopt reasonable technological and other measures to prevent misuse of this program. In addition, you acknowledge that Cashback Kitty's decision to take certain actions, such as limiting access to your offer, may be based on confidential criteria that are essential to our risk management, user account security, compliance with applicable laws, and protection of the Cashback Kitty system in general. You acknowledge that Cashback Kitty has no duty to disclose its risk management or security practices to you.
If you access or use our Service in Mexico, the following terms apply and are incorporated into the Agreement. In the case of a disagreement or inconsistency between the following additional terms and the main body of the Agreement, the following supplemental terms shall govern your access to or use of our Service in Mexico:
Compliance with Mexican Consumer Laws. This Agreement is not intended to disclaim, exclude, prevent, or limit the implementation of Mexican consumer laws, including applicable statutory consumer guarantees and rights. Any disclaimer of representations or warranties, release, or restriction of our responsibility to you shall only apply and be enforceable to the extent permitted by law under this Agreement.
Governing law and authority If you reside in Mexico, the Agreement shall be governed by and construed according to Mexican federal law. Except as otherwise agreed by the parties, you consent to irrevocably submit to the jurisdiction of the courts located in Mexico City, expressly waiving any other court, regardless of how privileged it may be, for any suit, action, or other proceeding arising out of this Agreement or your use or access of our Services.
Available Services. Only the Cashback Kitty extension for web browsers, Cashback Kitty mobile app and the Cashback Kitty Rewards Program will be accessible to Mexican residents. Additional services or features may be offered in the future, at the sole discretion of Cashback Kitty.
Commercial Electronic Messages. We will comply with all applicable laws regarding the electronic messages we send you and will get your consent where necessary before sending electronic notifications, push messages, or emails regarding our own and/or third-party products and services.
Notification and consent for collection. The Cashback Kitty Privacy Statement describes why and how we collect, use, disclose, and manage your personal information, including sharing with third parties. It describes how you can assert your rights, including access to and correction of your personal information; how you can file a complaint over the processing of your personal information; and how we will treat such a complaint.
If you access or use our Service in Brazil, the following additional terms and conditions apply and are included into the Agreement. In the event of any disagreement or inconsistency between the following additional terms and the main body of the Agreement, the following supplemental terms shall govern your access to or use of our Service in Brazil:
Application of Brazil's consumer protection laws. This Agreement is not intended to disclaim, exclude, prevent, or limit the implementation of Brazilian consumer laws, including any applicable statutory consumer guarantees and rights. Any disclaimer of representations or warranties, release, or restriction of our responsibility to you shall only apply and be enforceable to the extent permitted by law under this Agreement.
Governing law and authority If you reside in Brazil, the Agreement shall be governed by and construed according to Brazilian law. You agree to irrevocably submit to the jurisdiction of the courts of the City of Sao Paulo, State of Sao Paulo, with express waiver of any other court, however privileged it may be, for the purpose of any suit, action, or other proceeding arising out of this Agreement or your use or access of our Services, unless otherwise agreed by the parties.
Available Services. Only the Cashback Kitty extension for web browsers, Cashback Kitty mobile app and the Cashback Kitty Rewards Program will be available to Brazilian residents. Additional services or features may be offered in the future, at the sole discretion of Cashback Kitty.
Commercial Electronic Messages. We will comply with all applicable laws regarding the electronic messages we send you and will get your consent where necessary before sending electronic notifications, push messages, or emails regarding our own and/or third-party products and services.
Notification and consent for collection. The Cashback Kitty Privacy Statement describes why and how we collect, use, disclose, and manage your personal information, including sharing with third parties. It describes how you can assert your rights, including access to and correction of your personal information; how you can file a complaint over the processing of your personal information; and how we will treat such a complaint.
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