This User Agreement (the "Agreement") is an official document that establishes the rules and conditions for the relationship between DEPCOUNT (the "Service"), as the owner of the website depcount.com that provides services, and the users of these services (the "User" ). This Agreement shall enter into force after visiting and / or registration by the User on depcount.com, or through the use of its services.
1. TERMS AND DEFINITIONS
In this Agreement, the following terms and definitions are used:
1.1. "Website" - an Internet website, the following domain zones / names: https://depcount.com.
1.2. "Service" is the Cashback service Depcount, in use, which the User may receive a refund - Cashback, for the purchase of products or services on Partner websites.
1.3. "Cashback" means the refund of a part of the transaction from the purchase of products or services from the Service Partner(s), which are credited to the Personal account of the registered User on the Website. The size and rules of enrolling in Cashback or a fixed remuneration are determined by Partners at their discretion and as indicated on the Website.
1.4. "User" is a general concept for individuals who have registered on the Website or visited the Website and based upon the terms and conditions stipulated in this Agreement.
1.5. "Account" means the account of the User, after the registration. Each registered user is assigned an ID.
1.6. "Partners" are online stores that registered on the Website in order to provide Cashback (discounts) for purchases of products or services by registered Users of the Service.
1.7. "Personal account" means the account on the Website to which funds are transferred from the registered account's Cashback.
1.8. "Personal account page" is an individual User page that is accessible after registration on the Website.
2. GENERAL PROVISIONS
2.1. This Agreement is a contract of public offer, which comes into effect 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 understands the terms of this Agreement and agrees with them, without exception.
2.3. By specifying their personal data when registering with depcount.com, the User agrees to collect and process their personal data. Collection and processing of personal data is carried out to fulfill the Service's obligations to provide the User with services provided on the Website. This consent is given for the entire duration of the Agreement without the possibility of cancelation.
3. REGISTRATION PROCEDURE
3.1. In order to start using the services of the Service, the user must 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. When registering, the User chooses his / her login and creates a password for further access to their Personal Account on the Website. The user must store in secret the login and password for logging on to the Website from others and may 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, which they specified at registration and to request appropriate documents confirming their identity. If the User refuses to provide documents confirming their identity, the Service may, at its discretion, block or delete the User account.
4. HOW TO OBTAIN CASHBACK
4.1. To receive a Cashback, a registered user must:
- go to the Website and log in;
- choose a store, product or special offer in the relevant sections 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 from a percentage or a fixed amount, which 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 enrollment Cashback are indicated by the Partner on the Website. The user can familiarize himself with such conditions in the relevant Website sections before making purchases.
4.1.3. To increase the probability of a registered user receiving Cashback, they should study and understand the Rules for making purchases through the Service.
4.2. The conditions and rules for calculating cashback money may vary. The User must independently monitor their activities on the Website.
4.3. The sum of money accumulated by the User in their Personal account may be taxed according to the current legislation of the country in the territory where the User resides. The service has no responsibility or liability for charging or collecting such taxes.
4.4. Cashback is credited to the User's Personal Account after the purchase of the product or service and its payment in accordance with the terms and conditions specified on the Website.
Regarding the transfer of funds from Cashback: The user will receive a notification on their Personal account page.
4.5. Cashback funds are not given to the User in cash, but are credited to his Personal Account on the Website.
The User using the services of the Service hereby confirms that he / she has the right to use the payment methods available to him / her without violating the law of the country where he uses it Service.
5. USE OF CASHBACK
5.1. Users may use Cashback in two ways:
5.1.1. Payment for products or services. The user can go to the "Pay" section of the Personal Account page by selecting the subsection required for them to order tickets or pay for communication services. When paying for tickets or communication services, an additional Service fee may be charged. The amount and terms of the charge may be read in the appropriate section.
5.1.2. Withdrawal of funds. To withdraw cashback funds, the user must go to the "withdraw" section and choose how to withdraw the funds specified in this section. The method and rules for cash withdrawal may be changed by the Service unilaterally. The registered user can read them in the appropriate section.
6. REFERRAL PROGRAM, PROMOTIONS, DISCOUNTS, SALE.
6.1. A registered User of the Service have the ability to attract new users and receive a reward for their successful registration. The user may send someone a special link that is on their Personal Account page. This link contains a link to the Website and the ID number of the registered User. Invited Internet users may click on the link and register on the Website. When invited new users do so they become referrals. The fee is 30% of the commission of the system, which is calculated from the amount of Cashback's new user.
6.2. The Service system tracks Website usage of all those who have gone through the link of the registered User for 7 days.
6.3. A 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 installed, all of its Users will be blocked without receipt of further cashback.
6.4. In the section "Promotions" on the Website; the User may get acquainted with the information about Partners special offers: promotions, discounts and sales. The User can find detailed information in the specified section, as limited by the Partner. The conditions and procedure for receiving Cashback under these circumstances may differ from the basic rules of this Agreement. The Service is not responsible for the authenticity and / or relevance of such promotions, discounts, sales, which are provided by the Partner.
6.5. Service has the right to unilaterally change rules and conditions of the referral program at any time.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. User rights:
7.1.1. Use the Service in the manner and under the terms and conditions specified in this Agreement.
7.1.2. Receive, use, withdraw Cashback, and attract referrals to the Website on terms and conditions stipulated by this Agreement.
7.1.3. Install and use the mobile application.
7.2. Obligations of the User:
7.2.1. When using the Service, the User is obliged to:
- — comply with the provisions of this Agreement;
- — provide authentic and complete personal data during registration;
- — inform the Service about unauthorized access to your account on the Website;
- — not providing access to third parties to your account;
- — not postin information on your page and objects (including links to them) that may violate the rights and interests of third parties or the Service;
- — keep confidential and do not disclose the personal information of other Users who become known to you as a result of communication with them or in the regular use of the Website, without obtaining appropriate prior permission from the Website;
- — back up important information stored on your personal page and or account;
- — treat other Users of the Service respectfully and curiously;
- — 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 the Website at any time, and may make changes to software and other elements of the Website, as well as the rules for their use. The Service shall not be required to provide notice of changes to the User.
7.3.2. The Service may unilaterally and without notice 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 Account money credited in error or associated with a purchase(s), which was / were canceled, in the event product returns, and if fraud is detected in the User's activities when using the Service.
7.3.5. The Service has the right to transmit to the User any information regarding advertisements by means of an SMS message, notices posted to the user’s personal account or e-mail messages, during the entire term of the Agreement.
7.3.6. The Service has the right to establish and charge a commission for the use of the Website and its individual 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. The Service is not liable to the User for a Partner's failure to fulfill its obligations.
8.2. As the Website is in a stage of constant improvement, the Service does not give any guarantees to the User that the Website will work without errors, continuously function, etc. All identified errors in the operation of the Website will be eliminated to the extent possible.
8.3. The Service is not responsible for the content posted on the Website by Users and the consequences associated with the placement of such content.
8.4. The Service shall not be liable for any damages, any indirect, incidental, or consequential damages incurred by the User as a result of using the Website.
8.5. The Service shall not be liable for unauthorized use of the User's mobile phone number within the Service, for receiving a discount, full or partial payment for products, works, services through the use of User's Cashback.
8.6. The Service does not act as a party to the transaction concluded between the User and the Partner and accordingly is not responsible for the fulfillment of the terms of the transaction concluded between them by the latter.
8.7. The Service does not guarantee or monitor the compliance of transactions between the User and the Partner under the law and is not responsible for the consequences of concluding such transactions.
8.8. The Service is not responsible for the quality of the products or services purchased by the User from Service Partners. All claims related to the settlement of this issue must be addressed directly with the Partner who sold the Products or the service to the User.
8.9. Service is not responsible for the actions or failures of funds transfers, banks and or electronic payment systems.
8.10. The Service is not liable for unauthorized, unlawful access by third parties to the User's personal data.
8.11. The Service is not responsible for user visiting websites or navigating through 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 content that he places on the Website.
9. INTELLECTUAL RIGHTS
9.1. The exclusive right of intellectual property in relation to the Website belongs to the Service.
9.2. All objects accessible via the Website, design, text, articles, graphics, images, software, sounds, etc., contained on the Website or its mobile applications, are the objects of the exclusive rights of the Service, or third parties who are their authors.
9.3. Placing images, logos, brands or shops on the Website is specifically limited to content posted with the express written consent of the content owners, or through contracts between the Service and Partners (agency, partner, etc.) as executed.
9.4. Without prior consent of the Service, it is expressly prohibited to copy and or distribute content posted on the website or which is comprised in par or in whole of constituent elements of the design. It is further prohibited to create derivatives of the Service or the Website.
9.5. The User is aware that the use of the Service shall not be regarded as transferring any intellectual property rights regarding the content of the Website.
10.1. By specifying personal data when registering on the Website, the User agrees that the Service may collect and process personal data.
10.2. Personal data collected and processed by the Service may contain such information as: surname, first name, patronymic of the User, mobile phone number, postal or e-mail address, address of residence, registration or delivery of the Products / services.
10.3. Access to personal information is limited to the employees of the Service, and access to them is limited to that which is necessary to fulfill their obligations to provide the User with the services ordered and or requested.
10.4. Personal data of the User may be transferred to third parties, if such transfer is provided and necessary for using a certain service or for the performance of a certain agreement or contract with the User.
10.5. The Service conducts a number of complex and necessary processes 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 the disclosure of the User's personal data by Partners from whom the User has purchased a product or service.
11. TERMINATION OF THE AGREEMENT
11.1. The Service may unilaterally terminate the agreement and or parts thereof under the following conditions:
- A) Services of the Service used or accessed by the User in violation of this Agreement or current Legislation in the jurisdiction of those countries where the User is registered.
- B) Complaints from other Users of the Service.
In the event of termination of the Agreement as specified herein, the Service shall not refund any money or Cashback and shall not offer or be liable for any other indemnities, including any losses associated with the deletion of the account.
11.2. Termination of the Agreement by User is possible by way of unilateral extrajudicial procedure without notification of the Service and without explanation of the reasons by deletion of the Account. Obligations and responsibility of the User that occurred prior to the removal of his / her Account shall survive termination of the account and this agreement. In case of termination by the user Service shall not pay any compensation and shall not return any funds.
The agreement from the moment of registration of the User on the Website is valid for an unlimited period until the User Account is deleted and or this agreement is terminated.
12. ADDITIONAL TERMS
12.1. In the event of any discrepancy between the versions of this Agreement translated into foreign languages, the version of this Agreement in Russian prevails.
12.2. If any provision of this Agreement is deemed invalid, this will not affect the validity of any other provisions of the Agreement and the Agreement shall be interpreted as if said provisions never existed.
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 time, nor does it mean that Service relinquishes nor diminishes its rights in the event of subsequent similar or similar violations.
12.4. Service has the right to full or partial transfer of its rights and obligations to other individuals or legal entities.
12.5. User does not have the right to unilaterally transfer their rights and or 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 are liable in the manner provided by law, subject to the terms of this Agreement.
12.7. All disputes between the parties under this Agreement shall be resolved through correspondence and negotiations using mandatory pre-trial procedure. In the event that 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 referred 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 has no obligation to notify User thereof, User shall independently monitor the latest edition of the Agreement. New versions of the Agreement come into force on the day of publication on the Website.
13.1. To contact Service regarding issues related to the operation of the Service, you may go to the "Contact Us" section and leave a message.