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KACHING PRIVACY POLICY & CONDITIONS OF USE Updated: September 1st , 2020 Please carefully read the Conditions of Use ,Privacy Policy and the Kaching Interest-Based Ads Policy (collectively, the “Agreement”) for the relevant websites for which Kaching is or will be configured by you (each an “Applicable Site”) . By clicking the “Install” button (if applicable), or by installing, activating, enabling, using, or otherwise accessing Kaching, you accept and agree to be bound by this Agreement. If you do not wish to be bound by this Agreement, do not click “Install” and do not install, activate, enable, use, or otherwise access Kaching 1. About Kaching Kaching is a suite of software applications that supplement your online shopping experience. Kaching (together with any updates or upgrades, "Kaching”) is offered by Kaching Shopsmart Private Limited (such entity, together with its affiliates, “Kaching”,“we”, “us” or “our”) when configured for use with www.kaching.store. You may also elect to reconfigure Kaching for another website at any time. By doing so, you agree to be bound by the conditions of use applicable to using Kaching with each Applicable Site. 2. Kaching Information Kaching knows that you care about how information about you is collected and processed, and we appreciate your trust that we will do so carefully and sensibly. Information collected through Kaching, including personally identifiable information, is subject to the relevant privacy policy for the Applicable Site and our Privacy Policy notice, which are incorporated and form a part of this Agreement. 3. Additional Provisions These Kaching Conditions of Use include the conditions of use, the privacy policy, and the interest-based ads policy for the Applicable Site. 4. Modification Kaching reserves the right to make changes to this Agreement at any time by posting the revised terms on the Applicable Site and/or notifying you of such changes via Kaching. PRIVACY POLICY What Personal Information About Customers Does Kaching Collect? We collect your personal information in order to provide and continually improve our products and services. Here are the types of personal information we collect: Information You Give Us: We receive and store any information you provide in relation to Kaching Services. You can choose not to provide certain information, but then you might not be able to take advantage of many of our Services. Automatic Information: We automatically collect and store certain types of information about your use of Shopping Services, including information about your interaction with content and services . Like many websites, we use "cookies" and other unique identifiers, and we obtain certain types of information when your web browser or device accesses shopping services and other content on other websites. For What Purposes Does Kaching Use Your Personal Information? We use your personal information to operate, provide, develop, and improve the products and services that we offer our customers. These purposes include: Recommendations and personalization. We use your personal information to recommend features, products, and services that might be of interest to you, identify your preferences, and personalize your experience with Shopping Services. Communicate with you. We use your personal information to communicate with you in relation to Kaching Services via different channels (e.g., by phone, e-mail, chat). Advertising. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you. We do not use information that personally identifies you to display interest-based ads. To learn more, please read our Interest Based Ad notice . Fraud Prevention and Credit Risks. We use personal information to prevent and detect fraud and abuse in order to protect the security of our customers, Kaching, and others. We may also use scoring methods to assess and manage credit risks. What About Cookies and Other Identifiers? To enable our systems to recognize your browser or device and to provide and improve Kaching Services, we use cookies and other identifiers. Information We Collect When You Interact with Kaching: When you interact with Kaching, we connect shopping browsing information with your Kaching Account. In these cases, Kaching acts as an extension of the shopping experience and processes your personal information in accordance with the Privacy Notice Does Kaching Share Your Personal Information? Information about our customers is an important part of our business, and we are not in the business of selling our customers’ personal information to others. We share customers’ personal information only as described below that either are subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice. Transactions involving Third Parties: We make available to you services, products, applications, or skills provided by third parties for use on or through Kaching Services. For example, you can order products from third parties through our stores, download applications from third-party application providers from our App Store, Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service. These third-party service providers have access to personal information needed to perform their functions, but may not use it for other purposes. Business Transfers: As we continue to develop our business, we might sell or buy other businesses or services. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the unlikely event that Kaching Shopsmart Private Limited or substantially all of its assets are acquired, customer information will of course be one of the transferred assets. Protection of Kaching and Others: We release accounts and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of Kaching, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Other than as set out above, you will receive notice when personal information about you might be shared with third parties, and you will have an opportunity to choose not to share the information. How Secure Is Information About Me? We design our systems with your security and privacy in mind. We work to protect the security of your personal information during transmission by using encryption protocols and software. We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling credit card data. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. It is important for you to protect against unauthorized access to your password and to your computers, devices, and applications. Be sure to sign off when finished using a shared computer. What About Advertising? Third-Party Advertisers and Links to Other Websites: Kaching Services may include third-party advertising and links to other websites and apps. Third-party advertising partners may collect information about you when you interact with their content, advertising, and services. For more information about third-party advertising at Kaching, including interest-based ads, please read our Interest Based Ad policy . Use of Third-Party Advertising Services: We provide ad companies with information that allows them to serve you with more useful and relevant ads and to measure their effectiveness. We never share your name or other information that directly identifies you when we do this. Instead, we use an advertising identifier like a cookie or other device identifier. For example, if you have already downloaded one of our apps, we will share your advertising identifier and data about that event so that you will not be served an ad to download the app again. Some ad companies also use this information to serve you relevant ads from other advertisers. What Information Can I Access? You can access your information, including your name, address, payment options, profile information. What Choices Do I Have? If you have any questions as to how we collect and use your personal information, please contact our Customer Service . Many of our Kaching Services also include settings that provide you with options as to how your information is being used. As described above, you can choose not to provide certain information, but then you might not be able to take advantage of many of the Kaching Services. You can add or update certain information on pages such as those referenced in What Information Can I Access?. When you update information, we usually keep a copy of the prior version for our records. If you do not want to receive e-mail or other communications from us, please contact our Customer Service . If you don’t want to receive in-app notifications from us, please adjust your notification settings in the app or device. The Help feature on most browsers and devices will tell you how to prevent your browser or device from accepting new cookies or other identifiers, how to have the browser notify you when you receive a new cookie, or how to block cookies altogether. Because cookies and identifiers allow you to take advantage of some essential features of Kaching Services, we recommend that you leave them turned on. You will also be able to opt out of certain other types of data usage by updating your settings on the applicable website For most devices, these controls are located in the device's settings menu. If you have questions about how to change your device permissions on devices manufactured by third parties, we recommend you contact your mobile service carrier or your device manufacturer. In addition, to the extent required by applicable law, you may have the right to request access to or delete your personal data. If you wish to do any of these things, please contact Customer Service . Depending on your data choices, certain services may be limited or unavailable. Are Children Allowed to Use Kaching Services? If you are under 18, you may use Kaching Services only with the involvement of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child's parent or guardian. Conditions of Use, Notices, and Revisions If you choose to use Kaching Services, your use and any dispute over privacy is subject to this Notice and our Conditions of Use , including limitations on damages, resolution of disputes, and application of the law of the state of Maharashtra. If you have any concern about privacy at Kaching, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice will change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers. Interest-Based Ads Interest-based ads are sometimes referred to as personalized or targeted ads. We show interest-based ads to display features, products, and services that might be of interest to you. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations). What sort of information do we use to show interest-based ads? To serve you interest-based ads, we use information such as your interactions with Shopping sites,Kaching platform, content, or services. We do not use information which on its own identifies you, such as name or e-mail address, to serve interest-based ads. As is common in the advertising industry, we use cookies, pixels, and other technologies (collectively, "cookies"), which enable us to understand the effectiveness of the interest-based ads we show you by measuring what ads are clicked or viewed, and to provide you with more useful and relevant ads. For example, if we know what ads are shown to your browser we can be careful not to show the same ads repeatedly. How do we work with third parties to show you interest-based ads? We work with third parties, such as advertisers, publishers, social media networks, search engines, ad serving companies, and advertising companies working on their behalf, to improve the relevance of ads we serve. In providing you interest-based ads we do not associate your interactions on unaffiliated sites with information which on its own identifies you, such as name or email address, and we do not provide any such information to advertisers or to third-party sites that display our interest-based ads. Advertisers and other third parties may assume that users who interact with or click on an interest-based ad or content are part of the group that the ad or content is directed towards (for example, users in a particular geographical area or users who purchased or browsed for classical music). Some third-parties may provide us pseudonymized information about you (such as demographic information or sites where you have been shown ads) from offline and online sources that we may use to provide you more relevant and useful advertising. Third party advertisers or advertising companies working on their behalf sometimes use cookies in the process of delivering content, including ads, directly to your browser or device, and they may automatically receive an IP address when this happens. They may also use cookies to measure the effectiveness of their ads, show you more relevant advertising content, and perform services on behalf of Kaching. Advertising Preferences Kaching offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from Kaching. You will still see ads but they will not be based on your interests. You can also generally opt out of receiving personalized ads from third party advertisers and ad networks who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt out pages on the NAI website and DAA website. Conditions of Use Last updated: September 1, 2020 By using Kaching Services, you agree to these conditions. Please read them carefully. ELECTRONIC COMMUNICATIONS When you use Kaching Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Kaching Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. COPYRIGHT All content included in or made available through any Kaching Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Kaching or its content suppliers and protected by India and international copyright laws. The compilation of all content included in or made available through any Kaching Service is the exclusive property of Kaching Shopsmart Private Limited and protected by India and international LICENSE AND ACCESS Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Kaching or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Kaching Services. This license does not include any resale or commercial use of any Kaching Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Kaching Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Kaching or its licensors, suppliers, publishers, rightsholders, or other content providers. No Kaching Service, nor any part of any Kaching Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Kaching. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Kaching without express written consent. You may not use any meta tags or any other "hidden text" utilizing Kaching's name or trademarks without the express written consent of Kaching. You may not misuse the Kaching Services. You may use the Kaching Services only as permitted by law. The licenses granted by Kaching terminate if you do not comply with these Conditions of Use or any Service Terms. YOUR ACCOUNT You may need your own Kaching account to use certain Kaching Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Kaching Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Kaching Household. Alcohol listings on Kaching are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Kaching reserves the right to refuse service, terminate accounts, terminate your rights to use Kaching Services, remove or edit content, or cancel orders in its sole discretion. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Kaching reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Kaching a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Kaching and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Kaching for all claims resulting from content you supply. Kaching has the right but not the obligation to monitor and edit or remove any activity or content. Kaching takes no responsibility and assumes no liability for any content posted by you or any third party. INTELLECTUAL PROPERTY COMPLAINTS Kaching respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please connect with our Customer Support RISK OF LOSS All purchases of physical items from Kaching are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. PRODUCT DESCRIPTIONS Kaching attempts to be as accurate as possible. However, Kaching does not warrant that product descriptions or other content of any Kaching Service is accurate, complete, reliable, current, or error-free. If a product offered by Kaching itself is not as described, your sole remedy is to return it in unused condition. PRICING "List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Kaching and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Kaching. With respect to items sold by Kaching, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Kaching is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. APP PERMISSIONS When you use apps created by Kaching, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. OTHER BUSINESSES Parties other than Kaching operate stores, provide services or software, or sell product lines through the Kaching Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Kaching. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Kaching does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THE Kaching SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kaching SERVICES ARE PROVIDED BY Kaching ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Kaching MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Kaching SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kaching SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Kaching SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, Kaching DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kaching DOES NOT WARRANT THAT THE Kaching SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Kaching SERVICES, Kaching'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM Kaching ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, Kaching WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY Kaching SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY Kaching SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. DISPUTES Any dispute or claim relating in any way to your use of any Kaching Service, or to any products or services sold or distributed by Kaching or through Kaching.store will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. APPLICABLE LAW By using any Kaching Service, you agree that the laws defined by Indian Constitution, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Kaching. SITE POLICIES, MODIFICATION, AND SEVERABILITY Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Kaching Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. OUR ADDRESS CTS 610 & 611 Makwana Road, near Marol Metro Station Mumbai - 400059 Maharashtra – India Email address: support@kaching.club https://www.kaching.club Communication with Company If you wish to correct or update any information you have provided, you may do so online, on the website itself. Alternatively, you may contact the Company to correct or update such information by sending an e-mail to: support@kaching.club. In the event of loss of access to the website, you may contact the Company by sending an e-mail to: support@kaching.club. In the event you wish to report a breach of the Privacy Policy, you may contact the designated Grievance Officer of the Company at: Kaching Shopsmart Private Limited CTS 610 & 611 Makwana Road, near Marol Metro Station Mumbai - 400059 Maharashtra – India Email address: support@kaching.club ADDITIONAL Kaching SOFTWARE TERMS The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Kaching Services (the "Kaching Software"). Use of the Kaching Software. You may use Kaching Software solely for purposes of enabling you to use the Kaching Services as provided by Kaching, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Kaching Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Kaching Software in whole or in part. All software used in any Kaching Service is the property of Kaching or its software suppliers and is protected by United States and international copyright laws. Use of Third Party Services. When you use the Kaching Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Kaching Software, whether in whole or in part. Updates. We may offer automatic or manual updates to the Kaching Software at any time and without notice to you. Conflicts. In the event of any conflict between these Conditions of Use and any other Kaching or third-party terms applicable to any portion of Kaching Software, such as open-source license terms, such other terms will control as to that portion of the Kaching Software and to the extent of the conflict.