1. TERMS AND DEFINITIONS
The following terms and definitions are used in this Agreement:
1.1. ‘Website’ means an Internet website with the following domain zones/names: https://depcount.com.
1.2. ‘Service’ means the cashback service Depcount by using which the User may earn cashback or cash reward from the purchase of goods or services on the Partner’s websites.
1.3. ‘Cashback’ means partial refund or cash reward which can be earned by the purchasing goods or services from the Partners of the Service. Cashback will be credited to the Personal account of the registered User. The size and the terms of Cashback is determined by the Partner himself at his own discretion and indicated on the Website.
1.4. ‘User’ means a general notion for individuals who have registered on the Website or visited the Website on the terms provided in this Agreement.
1.5. ‘Account’ means the personal record of the User after he has registered. Each registered User is assigned an ID number.
1.6. ‘Partners’ means online stores that are registered on the Website in order to provide Cashback for purchasing their products or services by Users of the Service.
1.7. ‘Personal account’ means the registered User’s account on which Cashback rewards are credited.
1.8. ‘Personal page’ - an individual page of the User, which is available after registration on the Website.
2. GENERAL PROVISIONS
2.1. This Agreement is a public offer, which comes into force by accepting the terms of the Agreement without signing by the parties. The agreement has legal force and is equivalent to a contract signed by the parties.
2.2. The use of the Service by the User in any way and in any form means that the User has read and accepts the terms of this Agreement, without exception.
2.3. By specifying their personal data during the registering on depcount.com, the User agrees to allow the Service collect and process their personal data. Collection and processing of personal data is carried out in order to fulfill the Service's obligations to provide the User with services on the Website. This consent is given for the entire duration of the Agreement without the possibility of its early recall.
3.1. In order to start using the the Service, the user needs to register on the Website: depcount.com.
3.2. For registration, the User enters the Website, fills out the registration fields and indicates his reliable and complete data by indicating the mobile phone number. After that he receives a code on the phone to confirm the registration. When registration is completed the User is assigned a unique ID number.
3.3. During the registration the User chooses his / her proper login and comes up with a password for further logging into his / her Account on the Website. The user must store the login and password for logging on to the Website secretly from others and not transfer it to anyone. The user himself is responsible for the safety of the login and password, as well as for the degree of its reliability from hacking or random selection.
3.4. The Service has the right to prohibit the use of certain logins or to set some requirements for their content (an unacceptable name), and also to set a restriction on the length of the password.
3.5. In certain cases, the Service has the right to demand from the User confirmation of his personal data that were specified by him at registration and to request the relevant documents confirming his identity. If the User refuses to provide documents confirming his identity, the Service may, at its discretion, block or delete the User’s Account.
4. HOW TO EARN CASHBACK
4.1. In order to earn Cashback, a registered User needs to:
- visit the Website and enroll;
- choose a Partner’s store, Partner’s product or Partner’s special offer in the relevant section of the Website;
- go to the Partner's website through a unique link that is generated automatically by the Service for each registered User;
- order and pay for the service or product.
4.1.1 The size of Cashback (a percentage or a fixed amount) is indicated by the Partner on the Website. The size of Cashback can vary, the User must independently monitor their relevance on the Website.
4.1.2. Terms and conditions of Cashback enrollment are indicated by the Partner on the Website. The user can learn about such conditions in the relevant sections before making a purchase.
4.1.3. To increase the probability of receiving Cashback, you should study the Recommendations for making purchases through the Cashback service Depcount.
4.2. The terms and rules of Cashback enrollment can vary, the user must independently monitor their relevance on the Website.
4.3. The sum of money accumulated by the User on his/her Personal account may be taxed according to the current legislation of the country where the User resides. The service has nothing to do with charging or collecting such taxes.
4.4. Cashback is credited to the User's Personal Account after purchasing goods or services and confirming the payment in accordance with the terms and conditions indicated on the Website.
The User receives a notification about the credited Cashback on his/her Personal page.
4.5. Cashback is not given to the User in cash, instead is credited to his/her Personal Account on the Website.
The User hereby confirms that he/she has the right to use the payment methods which are available to him without violating the law of the country where he uses the Service.
5. HOW TO USE THE EARNED CASHBACK
5.1. A registered User may use his/her accumulated Cashback in two ways:
5.1.1. Pay for goods or services. The User can go to the section ‘Pay’ on his/her Personal page by selecting the subsection necessary for him/her to order tickets or pay for communication services. If you pay for tickets or services there may incur an additional Service fee. The user can read about the amount and terms of its accrual in the appropriate section.
5.1.2. Withdrawal. To withdraw Cashback money the User should go to the ‘Withdraw’ section on his/her Personal Page and choose how to withdraw the funds specified in this section. The method and rules for cash withdrawal can be changed by the Service unilaterally. Registered User can learn about them in the appropriate section.
6. REFERRAL PROGRAM, SPECIAL OFFERS, DISCOUNTS, SALES
6.1. A registered User has the opportunity to attract new users and receive a reward for it. For this purpose he can send someone a special link that is on his/her Personal page. The link contains the website address and the ID number of the registered User. If someone click on the link and register on the Website, they become its referrals. They receive a 30% reward of the commission fee, which is charged from the Cashback's amount of each purchase of a new user.
6.2. The Service remembers everyone who has clicked on the link of the registered User for 7 days.
6.3. The user is not allowed to have more than one account and personally create a referral network in order to obtain more revenue. If fictitious referral networks are detected, all of its Users will be blocked without the possibility of further cash withdrawal.
6.4. In the section ‘Special offers’ on the Website the User can find information about special offers, discounts and sales held by the Partners. Detailed information can found in the specified section, within the special offer carried out separately by the Partner. The conditions and procedure for receiving Cashback in the framework of such special offers may differ from the basic rules of this Agreement. The Service is not responsible for the authenticity and / or up-to-date of such special offers, discounts, sales, which are carried out by the Partner.
6.5. Service has the right to unilaterally change the rules and conditions of the referral program.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. User rights:
7.1.1. To use the Service in the manner and on the terms and conditions established by this Agreement.
7.1.2. To receive, use, withdraw Cashback, and also attract referrals to the Website on the terms and conditions provided in this Agreement.
7.1.3. To install and use mobile application.
7.2. Obligations of the User:
7.2.1. By using the Service the User is obliged:
- — to comply with the provisions of this Agreement;
- — to provide reliable and complete personal data at registration, monitor their actualization;
- — to inform the Service about the cases of unauthorized access to his/her account on the Website;
- — not provide access for third parties to his/her account;
- — not to post on the page information and objects (including links thereto) which may infringe the rights and interests of third parties or the Service;
- — to keep confidential and not disclose the personal information of other Users who became known to him/her as a result of communication with them, within the framework of using the Website, without obtaining the relevant prior permission of the latter;
- — to back up the important information for the User stored on his personal page.
- — respectfully and correctly treat other users of the Service.
- — independently monitor the changes of this Agreement.
7.3. Rights Of The Service
7.3.1. The Service has the right to change or supplement at any time the Website, software and other elements of the Website, as well as the rules for their use, the Service is not obliged to notify Users about changes.
7.3.2. Unilaterally change any conditions and rules governing the operation of the Website.
7.3.3. Block or temporarily restrict access to the User's account or restrict access to the Service, at its sole discretion at any time, without giving any reasons.
7.3.4. The Service has the right to debit from the User’s Personal account money credited erroneously, or related to the purchase, which was canceled, in the event of the return of the goods, and also if the fraud is established in the User's actions when using the Service.
7.3.5. The Service reserves the right to inform the User of any promotional information via SMS, notifications in your Personal page or messages via e-mail, throughout the term of the Agreement.
7.3.6. The Service has the right to set and charge fees for the use of the Website or its specific services.
7.4. Duties of the Service
7.4.1. To consider all complaints received from Users.
7.4.2. Take the necessary measures for the smooth operation of the Website.
8. LIMITATION OF LIABILITY
8.1. Service is not liable to User for failure of Partner to fulfill its obligations.
8.2. The Website is in stage of constant improvement that’s why the Service do not give any guarantees to the User that the Website work without errors, continuously function, etc. All errors of the Website will be eliminated as far as possible.
8.3. The Service is not responsible for content posted on the Website by Users and consequences associated with placement of such posts.
8.4. The Service is not liable for damages or any indirect, incidental or consequential financial losses incurred by User in result of using the Website.
8.5. The Service is not responsible for unauthorized use of User's mobile phone number within the Service to receive a discount; full or partial payment for goods, works, services, with accumulated Cashback funds of the User.
8.6. The Service is not a party of the transaction concluded between the User and the Partner, and accordingly, is not responsible for the fulfillment of the terms of a transaction between them.
8.7. The Service does not check compliance of the transactions between a User and Partner, and is not responsible for the consequences of such transactions.
8.8. The Service is not responsible for the quality of goods or services purchased by the User at the Partner’s website. All claims connected with the settlement of this question need to be sent directly to the Partner, who carried out the sale of goods or services to the User.
8.9. The service is not responsible for the actions or failures of transfer systems, banks and electronic payment systems.
8.10. The service is not responsible for unauthorized or illegal access by third parties to personal data of the User.
8.11. The Service is not responsible for visiting websites or clicking on links that may be contained on the Website.
8.12. The User is solely responsible for compliance with the requirements of the law or morality of the content that it posts on the Website.
9. INTELLECTUAL RIGHTS
9.1. The exclusive right of intellectual property regarding to the Website belongs to Service.
9.2. All objects, available through the Website, like: design, texts, articles, graphics, images, software, sounds, etc., contained on the Website or mobile applications are subject to the exclusive rights of the Service or third parties who are their authors.
9.3. The basis for the placement of images, logos, brands or stores on the Website, is the consent of their owners or contracts between the Service and Partners (Agency, partnership etc).
9.4. Without the prior consent of the Service, no one has the right to copy and distribute content of the Website, or the constituent elements of the design, or create derivative from the Service or Website.
9.5. The user understands that the use of the Service cannot be regarded as a transfer of any intellectual property rights regarding the content of the Website.
10.1. Indicating your personal data during the registration on the Website, the User agrees that the Service can collect and process their personal data.
10.2. Personal data collected and processed by the Service can contain information such as: surname, name, patronymic of the User, his mobile phone number, or e-mail address, residential address, registration or delivery address of the Goods/services.
10.3. Access to the personal information has a limited number of Service staff, and access to them is given to the extent needed to perform their duties of providing the User with the services they ordered.
10.4. Personal data of the User may be disclosed to third parties, if such disclosure is provided and required to use a particular service or performance of a particular action according to the agreement or contract with the User.
10.5. The Service conducts a number of complex and necessary measures to protect the personal data of Users from illegal or unauthorized access by third parties.
10.6. The Service shall not be liable in the event of disclosure User's personal data by the Partners from whom the User has purchased goods or services.
11. TERMINATION OF THE AGREEMENT
11.1. Termination of the Agreement at the initiative of the Service is possible in unilateral and extrajudicial procedure in the following cases:
- A) the Service used by the User in violation of this Agreement or applicable Law in the jurisdiction of those countries where the User registered.
- B) there are complaints from other Users of the Service.
In the event that the Agreement is terminated in this order, the Service does not refund any Cashback money and does not make any other refunds, including any losses related to the deletion of the account.
11.2. Termination of the Agreement on the initiative of the User is possible in unilateral extrajudicial procedure without notification of the Service and without explaining the reasons by deleting the Account with preservation of obligations and responsibility of the User that occurred prior to the removal of his / her Account. In this case, the Service does not pay any compensation and does not return any funds.
The Agreement from the moment of registration of the User on the Website operates indefinitely, until the User’s Account is deleted.
12. ADDITIONAL TERMS
12.1. In the event of any discrepancies between the versions of this Agreement translated into different languages, the version of this Agreement in Russian shall prevail.
12.2. If any provision of this Agreement is deemed invalid, this will not affect the validity of the other provisions of the Agreement.
12.3. Inaction on the part of the Service in case of violation of the terms of the Agreement does not deprive the Service of the right to take appropriate actions in defense of its interests at a later date, nor does it mean that Service refuses from its rights in case of subsequent or similar violations.
12.4. Service has the right to a full or partial transfer of its rights and obligations to other individuals or legal entities.
12.5. The User does not have the right to unilaterally transfer his rights and obligations to third parties without the consent of the Service.
12.6. In cases of non-fulfillment or improper performance of its obligations under the Agreement, the Parties bear responsibility as provided by law subject to the terms of this Agreement.
12.7. All disputes between the parties under this Agreement shall be settled by correspondence and negotiations using mandatory pre-trial method. If it is impossible to reach agreement between the Parties by negotiation within 30 calendar days from the receipt of a written claim by the other Party, the dispute may be submitted by any interested party to the court at the location of the Service.
12.8. This Agreement may be amended or supplemented by the Service, and the Service does not notify the User thereof, the User shall independently monitor the latest version of the Agreement. New version of the Agreement shall enter into force on the day of publication on Website.
13.1. To communicate with us on issues related to the operation of the Service, you can go to the Section ‘Contact Us’ and leave your message.