DonCashback is a service by DonCashback LLC (USA). (referred to as “DonCashback”, “us”, “we” or
“our” below). We provide a service of cashback offers (“Cashback offer(s)”) to buyers on
(the “Site”). Sellers list their items for sale on the Site and provide the
URL to where the item can be purchased.
through the Site (the “Services”). By accessing and/or using the Site, you expressly agree
located here https://doncashback.com/terms
and any other policies, rules or guidelines that may
be applicable to Services on the Site (“Additional Terms”), as well as all applicable laws and
regulations. “You,” or “your,” refers to you, a user of the Site. “Seller” refers to a user of
the site that lists an item eligible for a cashback or coupon offers (deals). “Buyer” refers to
user of the Site that purchases an item from a Seller and is eligible to submit a claim for the
cashback through the Site.
because your continued usage of the Site indicates your agreement with any such changes. Any
changes we make will be effective immediately upon notice, which we may provide by any means
and in the event of termination of your account, or any service or feature, you will still be
and limitations of liability.
By using or attempting to use the Site, you certify that you are a resident of the United States
and are at least 18 years of age. You also certify that you are not a person barred from
receiving services under the laws of the United States or other applicable jurisdiction. If you
do not meet these requirements or, if for any reason. If you disagree with do not agree with all of the terms and
2. Cashback Deals
In order to qualify for a Cashback offer, you must: (I) be signed up for a DonCashback account.
You can set up your account here: https://doncashback.com/register
and (II) complete a purchase
using the URL provided from the Site (“Qualified Purchase”). If you complete your purchase
through another URL not associated through the Site, you may not be eligible to receive the
Cashback offer. Once your information is received, your Cashback offer will be reviewed and
approved by the Seller in their sole discretion. DonCashback is not responsible for any
unapproved Cashback offers.
A cashback deal may be rejected by the Seller the following is a non-exhaustive list of the
reasons why a claim for the Cashback deal will be denied:
• The order was cancelled or refunded.
• The product was returned.
• Extra discount coupons or codes were used along with the DonCashback offer.
• The bought item was not the one advertised on the site.
• The item has been bought multiple times from a same account on the marketplace, in connection
with the site (this depends on the Seller policies).
• The bought item was listed for resale on an online marketplace which is prohibited.
• There was an attempt to commit fraud or there is clear system abuse.
• Buyer is using more than one account per person.
Any other reasons may be added at the sole discretion of DonCashback. If you believe that a
Cashback offer has not been correctly added to your account, you must contact DonCashback
Customer Service at email@example.com
within sixty (60) days of the transaction or else
you will be deemed to have waived your claim to the subject Cashback deal. Should you disagree
with any adjustments made to your account or payments made to you, your sole remedy is to cancel
your account and cease using our Services. You will be solely responsible for any and all tax
liability arising out of any payments you may receive from Sellers.
By signing up to an account, you agree to receive communications that are account related as
well as periodic shopping-related emails that highlight Cashback deals and special deals that
are available to you. We may communicate with you by electronic communications using information
you provided during the registration process. Your consent to receive electronic communications
includes any notices or other information that we may be required by law to provide you in writing or else.
You agree to keep us apprised of your current email address should the
same change subsequent to the date you create an account. You may opt out of receiving certain
4. Seller Store Policies; the Cashback deal’s Approval; Seller Products
A product purchased from any Sellers through the Site is governed by and subject to the
applicable Seller’s store policies, including applicable exchange and shipping policies. We
encourage you to read and understand these policies before making a purchase. You agree that we
are not agents of any Seller and that the Sellers operate independently and are not under our
control with respect to the Cashback offers or otherwise. Accordingly, your participation in
offers or promotions of, or correspondence with, any Seller is solely between you and that
Seller. We do not assume any liability, obligation or responsibility for any part of such
correspondence, offer or Cashback offer, including, without limitation, the withdrawal or
modification of any such offers.
All matters concerning the products and services posted from a Seller, including but not limited
to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely
between you and Seller. DonCashback makes no warranties or representations whatsoever with
regard to any goods or services provided by Sellers. You will not consider DonCashback, nor will
DonCashback be construed as, a party to such transactions, whether or not DonCashback may have
received some form of revenue or other remuneration in connection with the transaction. You
agree that DonCashback will not be liable for any costs or damages arising out of such
transactions, either directly or indirectly. We are not responsible for examining or evaluating,
and we do not warrant the offerings of, any of these businesses or individuals. DonCashback does
not assume any responsibility or liability for the actions, product or content of all these and
any other third parties. If you want to request a refund, you must request the refund directly
from the Seller. To the extent that a purchase or a Cashback offer is cancelled or does not meet
your expectations for any reason, you must contact the Seller and your sole and exclusive remedy
with respect to the purchase is with the Seller and not with DonCashback. All communications or
disputes regarding Cashback offers or refunds are between the Seller and you. DonCashback will
not be responsible or liable in any way for Cashback offers, refunds, errors in issuing Cashback
offers or refunds or lack of Cashback offers or refunds. In addition, DonCashback is not
responsible for the truth or accuracy of any Seller Content (defined below) or the ability of
any Seller complete a transaction. Notwithstanding (In despite of) the foregoing, you may report
misconduct of any Seller and/or third parties in connection with the Site or any Services to us, and we, in
our sole discretion, may investigate the claim and take action.
5. How to Become a Seller; Seller Accounts; Seller Content
To become a Seller and list your products and Cashback or coupon's offers on the site, you must
first sign up for a Seller account: https://doncashback.com/sellercentral
The Seller, having
registered on the doncashback.com, understands that refunds for any Cashback offers are made
directly to the Buyer using the information provided by the service.
By submitting products for sale on the Site, Sellers will be allowed to submit information,
product descriptions, content, graphics, artwork or other copyrighted works and materials
related to the products listed for sale (collectively, “Seller Content”). By sending or
transmitting Seller Content to DonCashback, or by posting such Seller content to any area of the
site, Seller hereby grants DonCashback and its designees a perpetual, worldwide, non-exclusive,
unlimited, transferable, fully sublicensable (through multiple tiers), assignable, royalty-free,
fully paid up, irrevocable right and license to use, reproduce, distribute (through multiple
tiers), modify, adapt, combine with other works, create derivative works of, publicly perform,
display, store, digitally perform, publish (on the site, on any other website(s), in print,
radio, television or elsewhere), in any manner and context (including but not limited to usage
in commercial, advertising or promotional materials), now known or in the future discovered, in
DonCashback’s sole discretion, in any way, in any and all media now known or hereinafter
discovered, without limitation and without any compensation or acknowledgment to Seller or any
third party. To the extent permitted by law, Seller specifically waive any “moral rights” in and
to the Seller content. The foregoing grant includes without limitation, any copyrights and other
intellectual property in and to the Seller content. None of the Seller content will be subject
to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will
not be liable for any use or disclosure of any Seller content. If you have any Seller content
that you would like to keep confidential and/or do not want others to use, do not post it to the
site. DonCashback is not responsible for a party’s misuse or misappropriation of any Seller
content Seller posts to the site.
Seller is solely responsible for Seller’s own Seller Content and the consequences of posting or
publishing them. In connection with Seller Content, Seller affirms, represents and/or warrants
that Seller owns, or have the necessary licenses, rights, consents, and permissions to the
Seller Content and to grant the rights and licenses to DonCashback under all patent, trademark,
trade secret, copyright or other proprietary or intellectual property rights in and to any and
understands that the internet has no geographical boundaries, and Seller therefore agrees to
comply with all local rules regarding online conduct and acceptable Seller Content. Seller also
agree to comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
DonCashback reserves the right to delete from the Site any Seller Content and will cooperate
fully with any law enforcement officials and/or agencies in any investigation, up to and
including complete and immediate termination of your registration and/or accounts with
DonCashback. DonCashback and its designees shall have the right to remove any Seller Content, as
determined in their sole discretion. Seller agrees that Seller must evaluate, and bear all risks
associated with, the use of any Seller Content, including any reliance on the accuracy,
completeness, or usefulness of such Seller Content. In this regard, you acknowledge that you may
not rely on any Seller Content created by DonCashback or submitted to DonCashback.
You shall not make any conditions for the buyers to be eligible to claim Cashback offers, e.g.
ask them visit your site, leave a review, provide feedback.
You shall not pressure buyers negatively in order to approve their cashback offers or offer any
kind of reward in exchange of reviews. You shall avoid providing any URLs to leave reviews.
You shall not provide obscure or confusing URLs, your URL must lead to the product detail page.
You shall not manipulate the price of the product. The price listed on the Site must match the
price on your marketplace.
DonCashback and its designees shall have the right to remove any Seller Content, as determined
in their sole discretion.
DonCashback shall have no obligation to keep any money it receives from a Seller or any third
party to pay a Cashback offer claim in a segregated account or to provide any interest on said
money to Seller.
6. Termination or Suspension
These Terms and Conditions are effective when you first visit the Site and will remain in effect
until you or we terminate your account. We may terminate these Terms and Conditions and your use
of or access to the Site at any time, for any reason or no reason. Any violation of these Terms
and Conditions may result in cancellation of your Account and/or forfeiture of pending or prior
Cashback offers. We may, in our sole discretion, at any time and without prior notice,
discontinue, cancel, suspend, change or limit access to all or any part of the Site. You agree
that DonCashback will not be liable to you or to any third party for any modification,
suspension, or termination of these Terms and Conditions or your access to the Site. If you are
dissatisfied with any aspect of the Site or the Services at any time, your sole and exclusive
remedy is to cease using the Site and the Services and terminate your account. Upon any
termination of your account, your right to use and access the Services and to receive Cashback
offers, will terminate. If as a buyer your account is suspended for a violation of our Terms of
Service (“TOS”), all your pending cashback offer checks will be declined.
The site and any product or service obtained through the site is provided “as is” and “as
available” without any kinds of warranties, either express or implied. To the fullest extent
permissible pursuant to applicable law, DonCashback disclaims all warranties, express or
implied, with respect to the site and any product or service obtained through the site,
including, without limitation, implied warranties of title, non-infringement, accuracy,
merchantability, and fitness for a particular purpose, and any warranties that may arise from
course of dealing, course of performance or usage of trade.
In most instances, the ability of DonCashback to provide services is dependent upon a
telecommunications network or the internet, which may not be fully secured, as well as goods and
services provided by sellers and various other vendors and third parties. DonCashback does not
warrant that your use of the site will be uninterrupted, error-free or secure, that defects will
be corrected, that the site or the server(s) on which the site is hosted is free of viruses or
other harmful components, the site will meet your requirements, the information that may be
obtained from the use of the site will be accurate or reliable, or the quality of any products,
services, information, or other material obtained by you through the site will meet your
expectations. You acknowledge that you are responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed to access and use the site, and all
charges related thereto. You assume all responsibility and risk for your use of the site and
your reliance thereon. DonCashback does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by a seller or any other third
party through the site or any hyperlinked site, or featured in any banner or other advertising,
and DonCashback will not be a party to or in any way monitor any transaction between you and a
seller or any other third-party providers of products or services. Your use of the site and any
services provided through the site are entirely at your own risk. DonCashback is not responsible
for any unfavorable consequences in the marketplace account. You will be solely responsible for
any damage to your computer system or loss of data that results from the download of any such
material. No advice or information, whether oral or written, obtained by you from DonCashback
and/or its affiliated parties or on or through the site shall create any warranty not expressly
8. Limitation of Liability
To the greatest extent permitted by law, you expressly acknowledge and agree that neither
DonCashback nor any of its affiliates, shareholders, licensors, suppliers, or advertisers, nor
its or their directors, officers, employees, consultants, agents or other representatives, are
or will be responsible or liable to you or to any third party for any indirect, direct,
incidental, consequential, special, exemplary, punitive or other damages (including, without
limitation, damages for loss of business, loss of data or lost profits), under any contract,
negligence, strict liability or other theory arising out of or relating in any way to the site
and/or products contained on the site, any linked site or any product or service purchased
through the site. Without limiting the foregoing, to the greatest extent permitted by law, you
expressly acknowledge and agree that DonCashback shall have no liability or responsibility
whatsoever for (I) the use or the inability to use the site, products, services or any linked
site; (II) personal injury or property damage, of any nature whatsoever, whether arising in
contract or in tort whether or not arising from the negligence of DonCashback; (III)
unauthorized access to or alteration of your transmissions or data and/or any and all personal
information and/or financial information stored therein; (IV) statements or conduct of any third
party on the site or any linked site; (V) any interruption or cessation of transmission to or
from our site; (VI) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or
other items of a destructive nature which may be transmitted to or through our site by any third
party; (VII) the quality, safety or legality of products advertised on the site; and/or (VIII)
any other matter relating to the site, or DonCashback services. The maximum total aggregate
liability of DonCashback, its affiliates, shareholders, licensors, suppliers, advertisers and
sponsors, and its or their directors, officers, employees, consultants, agents and other
representatives, and your sole and exclusive remedy, for all damages, losses suffered by you and
causes of action, whether in contract, tort (including, without limitation, negligence) or
otherwise, shall be the greater of the total amount of monies received by DonCashback from you
or $100 USD.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation
of certain damages. If these laws apply to you, some or all of the above disclaimers,
exclusions, or limitations may not apply to you, and you might have additional rights.
Under no circumstance will DonCashback have any liability whatsoever for any monies it has in
its possession for payment of cashback offer claims that is stolen by any third party. The risk
of loss of all monies in DonCashback’s possession for payment of cashback offer claims is soley
with the seller(s) or third party(ies) who provided the subject monies that have been stolen.
You agree to indemnify, defend and hold DonCashback and its affiliates, licensors, suppliers,
advertisers and sponsors, and their respective directors, officers, employees, consultants,
agents and other representatives, harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys’ fees) and other expenses that arise directly or
Seller Content or other materials you submit to us or transmit to the Site infringe or otherwise
violate the copyright, trademark, trade secret, license or other intellectual property or other
rights of any third party; (c) your activities in connection with the Site; and/or (d)
termination of your access to the Site.
All right, title, and interest in the Site and the Services belong solely to DonCashback or its
licensors. Additionally, DonCashback shall maintain all right, title, and interest in
“DonCashback” and any other marks, service marks, trademarks, or logos of DonCashback
(collectively, the “Marks”) that are registered in the U.S. and other countries. The Marks owned
by DonCashback, whether registered or unregistered, may not be used in connection with any
product or service that is not offered by DonCashback, in any manner that is likely to cause
confusion with customers, or in any manner that disparages DonCashback. Nothing contained on the
Site should be construed as granting, by implication, estoppel or otherwise, any license or
right to use any Mark without the express written permission of DonCashback, DonCashback’s
licensors or suppliers, or the third-party owner of any such Mark. Misuse of any Marks is
prohibited, and DonCashback will aggressively enforce its intellectual property rights in such
Marks, including via civil and criminal proceedings. You shall not mention or use DonCashback in any
promotional texts, extensions or banner advertisements without the express written consent of DonCashback.
11. Governing Law; Dispute Resolution
The validity, construction, and interpretation of this Agreement, and the rights and duties of
the parties hereto, will be governed by and construed in accordance with the laws of the State
of Delaware in the United States, without regard to conflicts of law provisions contained there.
You agree that any dispute, claim or controversy arising out of or in connection with
DonCashback’s business, the Services or this Agreement or relating in any way to the Site shall
be determined by binding arbitration held exclusively in the state of Delaware. You further
agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the
interpretation and enforcement of this agreement to arbitrate. You also agree to waive the right
to a trial by jury or to participate in a class action. These waivers are mutual as between you
and DonCashback, and DonCashback waives its right to a trial by jury or to participate in a
class action against you. This means that neither you nor DonCashback can seek to assert class
or representative claims against each other either in court or in arbitration and no relief can
be awarded on a class or representative basis. The arbitrator also may not consolidate or join
another person’s claim with your claim or issue an order that would achieve the same result. You
and DonCashback further agree that if the provisions of this paragraph are found to be
unenforceable, then the entire provision compelling arbitration shall be null and void. You also
agree that all issues are for the arbitrator to decide. This includes all issues related to the
scope, application, interpretation and enforceability of this Agreement and this arbitration
provision. The arbitrator shall also decide whether any claim is subject to arbitration. The
arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the
American Arbitration Association (“AAA”), as modified by this Agreement, and will be
administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is
bound by the terms of this Agreement. In lieu of arbitration, you may also elect to have your
claims decided in small-claims court, so long as the small-claims court does not permit class,
representative, or consolidated actions, or the award of relief in favor of any person or entity
that is not a named party to the small-claims action.
You may not assign your rights and obligations under this Agreement, in whole or in part,
without our prior written consent, and any such assignment without such consent will be null and
void. Headings under this Agreement intended only for convenience and shall not affect the
interpretation of this Agreement. Any waiver or failure to enforce any provision of this
Agreement on one occasion will not be deemed a waiver of any other provision or of such
provision on any other occasion. If any provision of this Agreement is held to be invalid, such
invalidity shall not affect the remaining provisions. This Agreement represents the entire
agreement of the parties with respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or representations, written or oral (including without limitation,
earlier versions of this Agreement that may have been accepted by you).
Last update: September 15, 2020