Ackoo, Inc (“Ackoo”) offers, among other things, cashback rewards to Ackoo account holders for purchases made with vendor partners via the Ackoo mobile application. This document outlines your rights regarding your use of Ackoo's website, mobile application, and other related features or services (collectively, the “Services”). Together with Ackoo's Privacy Policy, which is incorporated by reference into this contract, the Terms and Conditions (collectively, the “Terms”) is a legally binding contract between you and Ackoo.
1. Acceptance of these Terms
IF YOU USE THE SERVICES, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND ACCEPT ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE THE USE OF SERVICES IMMEDIATELY.
2. Changes to these Terms
Ackoo reserves the right to modify, update, amend, discontinue, or remove these Terms at any time. Each modification will take effect immediately. The most recent Terms are made available on the website and supersede previous versions.
If you do not agree with the Terms, you are to immediately terminate use of Services. Your continued use of Services constitutes acceptance of the Terms.
3. Use of Services
In order to access or use Services, you must be at least 18 years of age and create an account (“Account”) free of charge by providing relevant information as requested by Ackoo such as your name, email address, mobile phone number, address information, payment information, and other information as may be requested by Ackoo from time to time. Ackoo reserves the right to verify your information and determine at its sole discretion whether your information is accurate and acceptable for Ackoo to allow use of the Services. You are authorized to have one Account, and you represent and warrant that all information provided to Ackoo is truthful, accurate, and up to date at all times, that you are in good standing with Ackoo, have not been previously suspended, removed, deactivated, or banned from the Services, and that your use of the Services is in compliance with all laws and regulations. You are solely responsible for maintaining your account and ensuring the confidentiality of your account and log-in information. You agree to accept responsibility for any and all activities authorized or performed using your account, whether authorized by you or not. If, at any time, you have reason to believe that your account security is compromised for any reason you agree to notify us immediately.
4. Rewards
Subject to these terms, Ackoo may make available to you certain rewards, such as cashback, when you make a qualifying purchase from a vendor partner via the Ackoo application or website. Ackoo, in its sole discretion, will determine whether or not you have satisfied the requirements to qualify for certain rewards.
Pending and Available Balance
After purchase confirmation, cashback appears as Pending Balance. Once the purchase has cleared the vendor-specific return and/or refund policy, it will become Available Balance. Depending on the vendor, the purchase confirmation may take anywhere from a few minutes to a few days to show up in our system. If, after one week, you still don't see an update to your pending balance, please email support@ackoo.app with your order details within a maximum of 30 days from the date of purchase.
Bonuses
Ackoo may from time to time offer certain bonuses or incentives, including but not limited to “Welcome Credit” and “Refer-a-Friend”. Ackoo, in its sole discretion, will determine whether you qualify for such bonuses and reserves the right to decline to award the bonuses, rescind previously awarded bonuses, demand repayment of awarded bonuses, or take other remedial actions that Ackoo may find appropriate.
Welcome Credit will be available and valid for 30 days after creating your Account.
5. Redemption of Cashback
Cashback credit may be redeemed for gift cards within the Ackoo app. Cashback credit may not be redeemed in any other form. Cashback credit has no monetary value and does not constitute any monies held on your behalf by Ackoo.
6. Restrictions and Exclusions
Any or all of the following may prevent or cancel the award of cashback credit.
Additional discount codes
Unless displayed inside Ackoo, the use of additional discount codes or coupons at the time of checkout may exclude the purchase from cashback rewards.
Visiting other apps & websites
Qualifying purchases must be made during the same session that starts when you click on the vendor partner's link inside Ackoo. Visiting other mobile apps or websites before completing the purchase may result in that purchase being associated with another service other than Ackoo Services and may result in failure to earn a reward on that purchase.
Returns, exchanges & cancellations
Upon returns, exchanges, or cancellations the cashback credit will subsequently be canceled or modified.
Disabling cookies
If you disable cookies, you may not be able to earn cashback because cookies are often used to authenticate and verify that the user has made a qualifying purchase.
Exclusions
Depending on the vendor partners, certain products and services may be excluded from any rewards or may have varying rewards amounts based on the products and services themselves or the user status (new or old customer). A list of vendor-partner-specific terms is available for each vendor partner link inside Ackoo and is subject to change without notice.
Reseller, fraudulent, or prohibited activities
Engaging in reseller, fraudulent, or prohibited activities as defined in Section 7 will result in the cancellation of cashback credit and the termination of the user account.
7. Prohibited Activities
The following activities are strictly prohibited. Violation will immediately result in termination of the account and may result in future prohibition of use of Services.
- Submitting personal information that is false or inaccurate.
- Impersonating any person or entity, falsely claiming an affiliation with any person or entity, or performing similar fraudulent activity.
- Exploiting or attempting to exploit Ackoo's referral bonus program, including but not limited to inviting yourself to join Ackoo using another account.
- Redeeming, or attempting to redeem credit for items that have not been purchased or for products that have been purchased but returned following purchase.
- Extracting information from Ackoo's web or mobile applications for use with other services.
- Removing, circumventing, disabling, or interfering with any security-related features of the Service.
- Infringing the copyright or other proprietary rights of the Service or of any third-party partners, including but not limited to attempting to discover the source code of the Services.
- Interfering with or damaging the operation of the Service, by any means including but not limited to overloading the system, disseminating viruses, adware, spyware, worms, or other malicious code.
- Using the Service for any illegal purpose, or in violation of any local, national, or international law.
8. Termination
Cashback accumulated in your account and/or attributable to your account will expire and will be considered cancelled if your account remains inactive for a period that exceeds 1 year.
Ackoo reserves the right to suspend or terminate your account in accordance with the Terms or when necessary or reasonable to comply with or satisfy any laws, regulations, or court orders. Upon termination all cashback and/or other rewards attributed to you will be cancelled.
9. Intellectual Property Rights
Unless otherwise indicated, the Services are our proprietary property and all source code, databases, functionality, software, website designs, mobile applications, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Services “AS IS ” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content, and the Marks.
10. Additional Terms and Other Third-Party Partners
Ackoo Services are made available in collaboration with third-party partners. As part of Services, Ackoo provides access to vendor partners and redemption of cashback credit in the form of gift cards. Each of these third-party partners carries its own Terms and Conditions, as well as Privacy Policies. As a user of Ackoo Services, you are bound by these additional Terms set by the relevant third-party partners.
11. Disclaimers
YOU AGREE THAT YOUR PARTICIPATION IN THE SERVICE AND USE OF THE ACKOO PLATFORM ARE AT YOUR OWN RISK. NEITHER THE COMPANY, NOR ITS SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, OR AGENTS WARRANT THAT THE SERVICE AND ACKOO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND ACKOO PLATFORM OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE AND ACKOO PLATFORM. THE SERVICE AND ACKOO PLATFORM ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
12. Indemnification
You agree to indemnify Ackoo, vendor partners, and any other third-party partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, from and against any loss, cost, or damage of any kind (including reasonable outside attorneys' fees) arising from the use of the Services to the extent arising out of your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username/email and/or password).
13. Dispute Resolution
You and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Company's business, any of the Services or the Company Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Company's employees or agents. You agree that disputes arising under these Terms will be resolved by individual arbitration, and by accepting these terms, you are waiving the right to a trial by jury or to participate in any class action or representative proceeding.
14. Limitations of Liability
To the maximum extent permitted by applicable law, in no event shall Ackoo be liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages or for any loss of profits, loss of data, or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Ackoo's maximum aggregate liability arising out of this agreement will not exceed $100 USD.
15. Agreement
These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersede all prior agreements and representations, written or oral. We reserve the right to modify this Agreement at any time. Your active Ackoo account or use of Ackoo services shall be considered your acceptance and consent to abide by any terms thereof.