This article applies to selling in: India

Cashback – Terms and Conditions

Overview

The Cashback Promotions Tool (tool) is a service offered by Amazon Seller Services Private Limited (ASSPL) to its sellers on Amazon.in or its corresponding mobile application or mobile site (Amazon site). ASSPL is been specified as 'we,' 'us', and 'Amazon' and Sellers as 'you', 'your' and 'Sellers' in this Terms and Conditions (T&Cs) document. The tool allows you to Opt-In/Opt-out for Cashback promotions (promotion) and simplifies your end-to-end management of the promotions, that you may wish to run with respect to your products listed on the Amazon site.

These T&Cs supplement your Amazon Services Business Solutions Agreement. Acceptance is required to participate in the Cashback Program. For each cashback promotion that you Opt-In on the tool, you accept these T&Cs.

The below T&Cs govern your participation in any promotion on the Amazon site in the manner further detailed on the 'Promotion' page on the Amazon site. The 'Promotion' page as made available through the tool and which unless specifically provided otherwise, concern and apply only to your participation in such promotion(s).

Note: BY REGISTERING FOR OR USING THE TOOL, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AMAZON SERVICES BUSINESS SOLUTIONS AGREEMENT, THESE TERMS AND CONDITIONS AND ANY PROMOTION PAGE TERMS.

Rights and licenses:


  1. In relation to the promotion(s), you hereby authorise and grant to Amazon and/or its affiliates:
    1. Right to market and promote the promotion and your products listed under the Promotion page (Promotion Products) on the Amazon site.
    2. Right to market and promote the promotion and Promotion Products on Amazon associated properties/websites and/or through other communication channels as may be determined by Amazon from time to time in its sole discretion.
    3. Royalty-free and non-exclusive right and license to use, reproduce, perform, display, modify, re-format, distribute the trademarks, logos or other content related to the Promotion Products as provided by you separately or by virtue of the Amazon Services Business Solutions Agreement signed by you (collectively Content) for the purposes of marketing and/or promoting the promotion and / or the Promotion Products.
  2. In relation to the Content, you acknowledge that:
    1. The Content complies with all applicable laws and is not deceptive, misleading, incorrect, inappropriate, obscene, or defamatory.
    2. Use of the Content by Amazon will not infringe any third-party intellectual property rights.
  3. Amazon hereby grants you a limited license to access and use the tool for the promotions and not to download / modify / reverse engineer the tool, or any portion of it, except with express written consent of Amazon in writing. You agree not to use this tool for any purpose not prescribed herein or otherwise intimated by Amazon from time to time in writing. This license does not include any derivative use of the tool or its contents or any use of data mining, robots, or similar data gathering and extraction tools. The tool or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of Amazon.
  4. You are solely responsible for maintaining the security of any password enabling your access to the tool. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change that password.

Promotion terms:


  1. For each promotion you opt-in on the tool, you agree:
    1. To the start and end date of promotion displayed on the tool at the time of opt-in;
    2. To the promotion period commencing from the opt-in date up till the end date as displayed on the tool or till you opt-out, whichever is earlier.
    3. To pay the amount agreed on the 'Promotion' page (Cashback Amount) for every purchase transaction made by customers for Promotion Products from you on the Amazon site, provided the customer avails the promotion offered by you at the time of opt-in.
      Note: All transactions completed in accordance with the above are hereinafter referred to as Eligible Transactions.
    4. The Cashback Amount will be provided in respect of the aforesaid Eligible Transactions;
    5. To bear and fund the entire Cashback Amount in respect of the Eligible Transactions under the promotion; and
    6. The Cashback Amount will be determined by you and informed to us, to be included on the Promotion page as made available through the tool.
  2. For administrative convenience, you authorise us to initially bear and apply (or cause to bear and apply) the Cashback Amount at the time of purchase of the Promotion Products by the customers in accordance with the terms and conditions on the Promotion page.
  3. You agree and acknowledge that we will not be liable and/or responsible, in any manner whatsoever in relation to your use of the tool including any issue or matter in connection with the Cashback Amount specified by you using the tool, or application of the Cashback Amount determined by you to an Eligible Transaction.
  4. You acknowledge and agree that we may adjust and/or set off the Cashback Amounts, borne and applied by us, for any promotion from your current account balance maintained with Amazon (COD Account). In the event the amount in such COD Account is insufficient, you agree that we may offset the amount against other amounts due from us to you under any other agreement / arrangement or take such other action as we may deem fit.
  5. You agree to make good any loss or damage suffered by us or threatened against us in relation to any claims that are attributable to your acts and/or omissions under any promotion (including any claims arising out of the use of the Content by Amazon or in relation to the Cashback Amount).

Disclaimer of warranties and limitation of liabilities:


  1. The tool (including all its content, software, functions, materials and information) is provided by Amazon on an 'as is' and 'as available' basis. You expressly agree that your use of this tool is at your sole risk. Amazon may from time to time modify the functionalities of the tool at any time without notice or withdraw or delete any information from the 'Promotion' page at any time in its discretion.
  2. To the full extent permissible by applicable law, Amazon hereby waives and disclaims any representations, warranties, declarations or guarantees regarding the tool including any implied warranties, declarations or guarantees of merchantability, fitness for a particular purpose or non-infringement. Amazon will not be liable for any damages of any kind arising from the use of this tool, including but not limited to direct, indirect, incidental, punitive and/or consequential damages.

Termination:


  1. Notwithstanding anything contained in these T&Cs, Amazon will have the right to forthwith terminate your use of the tool and/or participation under any promotion at any point of time with or without cause, in its sole and absolute discretion and without any liability. For the avoidance of doubt, your use of the tool will automatically terminate upon termination of the Amazon Services Business Solutions Agreement.
  2. The service provider acknowledges and agrees that at any point of time, Amazon reserves the right to cancel, modify, change, suspend or withdraw any of these T&Cs or the promotion as it may deem fit, in part or in their entirety, with or without cause, and without incurring any liability whatsoever. Any such change will be effective immediately upon sending of a notice to this effect to you. Your continued use of the tool and/or participation in the promotion after sending of notice by Amazon will constitute your acceptance of such change.
  3. You may contact Amazon at any time requesting to terminate your right to use the tool or to opt-out from a promotion for any reason whatsoever and such termination or opt-out will be operative from the date it is made effective by Amazon. For the avoidance of doubt, it is clarified that the Seller will continue to adhere to these T&Cs and the terms and conditions on the Promotion page until the aforementioned date on which the termination is made effective by Amazon.
  4. Upon expiry or early termination of the use of the tool or participation under any promotion, all rights, obligations will terminate, but will not relieve you of any obligation or liability accrued prior to the date of termination/expiration.

Applicable law:

You agree that the laws of India will govern these T&Cs and any dispute of any sort that might arise between you and Amazon or its affiliates.

Disputes:

Any dispute relating in any way to your use of the tool or the promotions shall be submitted to the exclusive jurisdiction of the courts at Delhi, India.

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