Dealcha Co., Ltd. (“Dealcha”), utilizes commission-based affiliate marketing from our merchant partners (“Affiliate Merchants”). To ensure that you, as a Dealcha.com Registered User (“User”), fully understand what your rights are as a User, and what our responsibilities are to you, we have created this User Agreement (“Agreement”). As a User of the Dealcha.com website (referred to herein as “Dealcha.com” or the “Site”), you agree that you have read, understood and agreed to the following “Terms and Conditions,” and consent to be bound by all of the “Terms and Conditions,” including any future amendments or updates thereto.
Terms and Conditions
I. FORUMS AND POSTING
To post messages on our forums and onto our website, you must choose a unique user name. Duplicate user names are not allowed, so if the name you enter is already in use, you will be prompted to choose another one. Dealcha, at its own discretion, may bar registration from any specific email service or ISP. Any message posted on our forums or website, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of Dealcha or any person or entity associated with it. While Dealcha may use moderators and administrators to monitor the content and appearance of messages and files posted in our forums and our website, you acknowledge that Dealcha is under no obligation to do so. Considering the real-time nature of this bulletin board, it is impossible for us to monitor or review every message and file. You agree that neither Dealcha, nor any person or entity associated with it, will be held responsible for the contents, accuracy, completeness or validity of any information posted on our forums. You agree that you will not use our forums or any part of our website to post any material, or links to any material, or to attach files, which includes material, which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violative of any law. You agree you will not post promotional information for a website or entity with which you are an affiliate, employee, owner, or otherwise receive any benefit from. Users who breach this provision are authorizing Dealcha to charge the sum of $1,000.00 USD in advertising fees per violative post, plus any collection and legal fees involved in collecting the debt. You agree you will not post any copyrighted material without the express permission of the copyright holder, unless such copyright is owned by you or Dealcha.
All content posted on Dealcha is the responsibility of the user to ensure the content is legal and does not infringe or violate any of the laws in the Kingdom of Thailand. Dealcha is not responsible for any legal infringement the user posts or comments made on Dealcha. If the user’s content violates the law in the Kingdom of Thailand, if requested or summoned, Dealcha is legally obligated to submit the user’s private information to requesting authorities.
You hereby grant Dealcha a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit and otherwise use content and information you post in our forums for any purpose and in any media now known or hereinafter developed. You expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any posting or communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.
Advertisements, referral programs, chain letters, pyramid schemes, solicitations and links to on-line gambling sites are also inappropriate on Dealcha forums. Any User who believes that a posted message is objectionable is encouraged to contact us immediately by clicking “alert moderator” next to any forum message or by sending us a direct message through the ‘contact us’ link. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular messages immediately. Dealcha reserves the right to delete any message for any reason whatsoever, at our sole discretion. You agree that you are solely responsible for the content of your messages, and that you will indemnify and hold harmless Dealcha and their agents and employees with respect to any claim based upon the appearance and/or transmission of your message(s).
This site contains robot exclusion headers. Much of the information on Dealcha.com is updated on a real time basis and is proprietary or is licensed to Dealcha by our Users, Affiliate Merchants, or third parties. You agree that you will not exceed the limited access to the Site granted to you or use any robot, spider, scraper or other automated means to access Dealcha.com for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from this Site without the prior expressed written permission of Dealcha and appropriate third party, as applicable;(iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
III. DEALCHA CASH BACK
As a User of Dealcha.com, you have the ability to earn money in the form of automatic rebates, which are separate and apart from, and in addition to, any other discounts available through Dealcha.com. (“Dealcha Cash Back”). This section identifies the manner in which you may earn Dealcha Cash Back, when you will be paid, what rights you have as a User to the Dealcha Cash Back you have earned, and Dealcha’s rights and responsibilities with respect to the Dealcha Cash Back program.
1. Program Overview. The Dealcha Cash Back rebates program (the “Program”) allows Dealcha.com Users to shop with Dealcha’s participating merchants, and earn Dealcha Cash Back. The Program is free to Users, and is conferred as a benefit of registration with Dealcha. You are under no obligation to participate or redeem your Dealcha Cash Back.
As a User, Dealcha Cash Back is automatically earned when you make a qualifying online purchase from a merchant participating in the Program (a “Participating Merchant”) on our Stores page. Some Participating Merchants may have special requirements to earn Dealcha Cash Back. Check our site for their cash back offer requirements and restrictions. Further, not all merchants listed on our Stores page participate in the Program. Participating Merchants are identified by a corresponding offer ( ‘% cashback’ or ‘$ cashback’ ) next to their store name or with the wording “cashback.”
2. Eligibility. The Program is offered for purchases made through links on the Dealcha.com website. You must have Internet access and a valid working e-mail address to receive the privileges of the Program. Further, participation in the Program is limited to individuals that are 18 years of age or older.
3. Earning Dealcha Cash Back. To be eligible to receive Dealcha Cash Back, you must make a qualifying purchase. Generally, in order to make a qualifying purchase, you must satisfy the following criteria:
(1) You must be 18 years of age or older.
(2) You must log on to Dealcha.com with your user name;
(3) You must link to a Participating Merchant from Dealcha.com’s Stores/Offers page;
(4) You must add items to your cart;
(5) You must complete your transaction; and
(6) You must have cookies enabled on your web browser
(7) You must reside in the Thailand
Reasons why you will not earn Dealcha Cash Back, include, but are not limited to, the following:
(1) You are under the age of 18.
(2) You do not log onto Dealcha.com with your user name;
(3) You go directly to the participating merchant without first visiting our Stores page;
(4) You complete multiple transactions without returning to our Stores page. (Completing each transaction ends your “cash back session” with Dealcha, and you have to start over to earn cash back on additional items).
(5) You type a new address (URL) in the window opened by a Dealcha Stores or Offers page;
(6) You click on any “special offers” or toolbars from other websites while shopping;
(7) You allow too much time to lapse between linking to the merchant and completing the purchase.
(8) You contact the merchant to change an order.
(9) You fail to abide by the restrictions imposed by a Participating Merchant.
(10) You do not reside in Thailand.
(11) The Participating Merchant fails to transmit to Dealcha the commission corresponding to the transaction for any reason or any commission transmitted to Dealcha is required to be repaid by an order of any court of competent jurisdiction.
(12) You have been notified by Dealcha that you, or certain purchases, are not eligible for Cash Back.
Determination of whether or not a purchase made through a Participating Merchant is a qualifying purchase is made at the discretion of Dealcha.com.
Dealcha.com is not responsible for tracking problems resulting from incorrect usage of the Dealcha.com site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, merchant partner errors/omissions or from any other failure of tracking mechanisms.
Upon registration of your user name with Dealcha.com, an account will be set up in your name for all Dealcha Cash Back you earn. The appropriate Dealcha Cash Back rebate will be posted to your account as “Reported” within thirty (60) days of the date on which a Participating Merchant reports your transaction to Dealcha.com. For a period of ninety one (91) to one hundred twenty one (121) days thereafter, your account will refer to the Dealcha Cash Back rebate as “Pending.” This time period is in accordance with the Participating Merchant’s right to reverse a transaction for return purposes. Once the participating merchant authorizes the payment of Dealcha.com’s commission in connection with a qualifying purchase made by you, we will credit your account with the applicable Dealcha Cash Back. Your Dealcha Cash Back earned will be identified as “Available,” at which time you can request a payment redeeming your Dealcha Cash Back. You can view your balance and history by clicking My Account in the upper right corner of any page.
4. Requesting Payment of Dealcha Cash Back. You may request to redeem your earned Dealcha Cash Back designated as “Available” in your account. To receive Dealcha Cash Back in an amount of $10.00 USD or less, you must have an account at PayPal, and request payment electronically. To receive Dealcha Cash Back in an amount greater than $10.00 USD, you may request to receive payment in redemption of your Dealcha Cash Back either electronically through PayPal, or by bank transfer (minus bank transfer fees). The Dealcha Cash Back will be distributed to the User within thirty (30) days of receipt of the User’s request for payment. Dealcha.com is not responsible for lost mail or any other event beyond the control of Dealcha that would prevent a user from receiving their payment.
You are solely responsible for redeeming Dealcha Cash Back. There is no automatic or periodic redemption. If your check expires without being cashed or deposited or if it is returned to Dealcha, it will be returned to your account, where it will be subject to inactive account maintenance charges described below.
5. Account Adjustments; Inactive Accounts. Dealcha Cash Back awarded to you is subject to adjustments for returns and cancellations, Dealcha’s receipt of information and payments on such purchases/orders from Participating Merchants, and other events. Dealcha reserves the right to make adjustments to User’s accounts at any time in accordance with this Agreement. If you disagree with any adjustments made to your account, your sole remedy is to discontinue use of Dealcha.com.
Dealcha is not responsible for changes to, or discontinuance of, any Participating Merchant, or any Participating Merchant’s withdrawal from the Program, or for any effect on accrual of Dealcha Cash Back caused by such changes, discontinuance or withdrawal.
Membership in the Dealcha program is free: there is no charge to be a member or to earn and receive Cash Back. If your account is inactive for more than twelve (12) consecutive months, Dealcha reserves the right to debit your Dealcha account balance two dollars ($2.00 USD) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via Dealcha.com or Dealcha’s Applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, Dealcha will close the account permanently and cease to maintain your account records and program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to Dealcha.
6. Termination of Program. Dealcha reserves the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, you will have sixty (60) days to redeem your Dealcha Cash Back from the date notice is transmitted by Dealcha to the email address specified in your account. Notification will be sent to the email address provided to Dealcha during the registration process. Dealcha will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform Dealcha of a change in your email address.
7. Member Responsibilities. You are responsible for maintaining accurate account information at all times, including valid email address information. You are responsible for keeping your email address, password and all other information concerning your account confidential. Dealcha is entitled to act on instructions received under your username and password. Dealcha is not responsible for any credits or debits made to your account by someone else who uses your username or password. Dealcha will not be responsible for any losses or liabilities incurred through the use of your password by a third party.
You are also responsible for reviewing your account balance on a regular basis, and for checking to ensure that all Dealcha Cash Back has been properly credited to your account. If a discrepancy occurs in your Dealcha Cash Back account, such as a rebate not being credited to the account, then you must contact Dealcha via our customer support link on the Site, within sixty (60) days of the purchase/order date from a Participating Merchant. If you fail to contact Dealcha within that sixty (60) day period , such purchase/order shall be deemed to be accurate and you hereby waive any right to dispute said purchase/order.
(a) Participation in the Program is personal to you. Dealcha Cash Back received under the Program may not be assigned or transferred to any third party, except as expressly permitted by Dealcha, in writing. The sale, transfer, lending, exchange, pooling or barter of any Dealcha Cash Back, other than by Dealcha, is expressly prohibited. Any Dealcha Cash Back assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.
(c) You are responsible for any taxes that may be due on Dealcha Cash Back redeemed by you.
(d) Dealcha Cash Back has no cash value until such time as you request and receive a payment in accordance with Article III, Section 4, herein above, and you shall have no property rights or other legal interest in Dealcha Cash Back.
IV. EARNING BONUSES & OTHER REWARDS
Dealcha periodically offers monetary bonuses or other rewards for referring new Members or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. To qualify for a referral bonus, a Member must refer a new Member who establishes his or her own Active Account and performs any other noted actions in the details of the referral announcement on the Dealcha website, such as making minimum purchases within an allotted amount of time. Please note that referral bonuses are given for the purpose of attracting brand new Members to Dealcha. A Member may earn only one referral bonus per individual person referred.
V. GENERAL PROVISIONS
1. Use of Online Coupons. Dealcha provides online coupons as a free service to its Users. Dealcha is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on this site are subject to change without notice. Dealcha has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Dealcha has no control over whether Affiliate Merchants will honor the offers shown on Dealcha.com, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Merchant in any way relating to the Dealcha.com website or the use of information from the website, you agree to waive and release Dealcha from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
2. DISCLAIMERS AND LIMITATIONS ON LIABILITY. Dealcha.com IS BEING PROVIDED BY Dealcha “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Dealcha DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO Dealcha.com, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT Dealcha WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST Dealcha AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. Dealcha DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. Dealcha DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND Dealcha ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE DEALCHA CASH BACK BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT.IN NO EVENT SHALL Dealcha BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF Dealcha.com; ANY ACT OR OMISSION BY Dealcha IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF Dealcha HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL Dealcha BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY Dealcha IN EXCESS OF THE CASH BACK EARNED BY YOU DURING THE MOST RECENT SIX (6) MONTHS. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD Dealcha, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF Dealcha.com, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
3. Amendment to Agreement. THE “TERMS AND CONDITIONS” SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; Dealcha WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID “TERMS AND CONDITIONS,” INCLUDING ANY AND ALL UPDATES THERETO. Dealcha WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE Dealcha.com SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.
4. Compliance with Laws and Regulations. You agree to comply with all applicable laws, rules and regulations. You may participate in Dealcha.com if and to the extent that such participation is permitted by such laws, rules and regulations. Dealcha may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.
5. Proprietary Rights to Content. You acknowledge that Dealcha.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any Dealcha.com communication, advertisements or messages, whether by Dealcha, Dealcha.com or Dealcha’s advertiser’s or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by Dealcha, its advertisers and Affiliated Merchants, as the case may be. You acknowledge that all the intellectual property rights in the Site are owned by Dealcha or Dealcha’s licensors. The provision of the Site does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
6. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds for termination of your user name, password and registration with Dealcha.com.
(b) Dealcha reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months. An account shall be deemed and considered to be inactive if there has not been any Dealcha Cash Back earning activity.
(c) You may terminate your user name, password and registration at any time by sending an email to our 24 Hour Customer Service.
(d) If your user name, password and registration with Dealcha.com is terminated for any reason, either by you or by Dealcha, you shall forfeit any and all earned Dealcha Cash Back in your account.
7. Notice. All Dealcha notices will be given by email, postal mail, or by general posting to the Dealcha.com website.
8. Waiver. Dealcha’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
9. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Thailand, without reference to conflicts of law rules, and you consent to exclusive jurisdiction and venue in the courts located in Bangkok, Thailand for all matters in connection with this Agreement or your use of Dealcha.com.
10. Dealcha reserves the right to terminate your user name, password and registration, if your account has been associated with any legally questionable activity.
11. Severability of Provisions. Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.
12. Dealcha is not a party to the transactions between you and a Seller. We do not control the products or services associated with Offers, including their availability or Seller’s right to sell them. We do not guarantee the truth or accuracy of the Offers.
We provide the Site and all services “as is” and “as available” without any warranties, whether express, implied or statutory. We disclaim any implied warranties, including warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. The Covered Entities do not make any representation as to the potential revenues or other benefits you may realize by using the Site and our services.
The Site contains links to third-party websites, apps and other online properties that are not owned or controlled by Dealcha. We do not endorse or assume any responsibility for any such third-party properties. If you access a third party website, app or other property, you do so at your own risk and you agree that Dealcha will have no liability arising from your use of any such properties.
13. Suspension and Termination We may suspend or terminate your account for any reason or no reason. Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Site or do not use your account.