From http://www.cashback-sa.com/indian/CashBacktandc.pdf
Terms and Conditions of the promotion
CashBack Sales (INDIA) PVT Ltd
Administration address
Malhotra House
3rd Floor
Opp. GPO Fort
Mumbai 400 001
India
CASH BACK CERTIFICATE PROMOTION
The Cash Back Certificate is issued by CashBack Sales (INDIA) PVT Ltd whose
registered address is at Commerce Centre, 5th Floor, Dr. Rajendra Prasad
Road, Vasco da Gama, Goa - 403 802, India. Company Registration Number:
U74140GA2001PTC003021 (CIN) to the person named on the certificate (the
Holder) strictly upon the following terms and conditions: -
Definition
a. The Cash Back Certificate Programme is a performance-related redemption
promotion.
b. CashBack Sales (INDIA) PVT Ltd is an administration and sales promotion
company marketing the promotion.
c. In these terms and conditions, reference to the masculine shall include
the feminine and the singular number shall include the plural, obligations
and covenants by two or more persons shall be joint and several, “month”
shall mean a calendar month and “working day” shall mean a day which is not
a Saturday, Sunday or statutory public holiday in India.
Background
1. The Supplier will meet the cost of the promotion by paying a percentage
of the sale price to the independent Trustee as appointed by CashBack Sales
(INDIA) PVT Ltd upon completion of the purchase or services rendered.
2. 80% of the amount paid by the supplier will be placed by the independent
Trustee into a capital guaranteed investment under independent professional
management and will be allocated exclusively for redemption by qualifying
Cash Back Certificate holders.
3. The Cash Back Certificate is issued free of charge to the Holder by
CashBack Sales (INDIA) PVT Ltd.
4. The amount placed in the investment is guaranteed by the International
Investment Bankers hence the Cash Back Certificate Holder is guaranteed to
receive a minimum of ten percent of the amount shown on the Cash Back
Certificate up to a maximum of one hundred percent.
5. Whilst it is not intended, it is understood and accepted that CashBack
Sales (INDIA) PVT Ltd has the right to replace the International Investment
Bankers with one of similar standing for the benefit of the promotion and
its clients.
6. The level of funds available for redemption by qualifying Cash Back
Certificate holders will depend upon the number of qualifying redemption
claims made and the value of the capital guaranteed investment at the
relevant redemption dates. CashBack Sales (INDIA) PVT Ltd makes no promise
nor gives any undertaking to redeem the maximum amount of the Cash Back
Certificate stated overleaf.
7. No Cash Back Certificate holder may receive more than 100% of the amount
shown on his Cash Back Certificate.
8. Certification by independent auditors appointed by CashBack Sales
(INDIA) PVT Ltd as to the amount due to Cash Back Certificate holders upon
qualifying redemption claims being made shall be final and binding upon
each Cash Back Certificate holder. No correspondence as to any amount
available for redemption or its calculation will be entered into.
In order to qualify for redemption the Holder must: -
1. Within twenty-one days after the date of issue upon the Cash Back
Certificate (the first day being the day after the date of issue) send by
recorded post the Holder’s registration part of the Cash Back Certificate
(correctly completed with identical information as shown on the Cash Back
Certificate) to CashBack Sales (INDIA) PVT Ltd at its administration
address shown on the Cash Back Certificate.
2. Within the twenty-one days prior to the end of the fifty-nine month
period from the date of issue of the Cash Back Certificate (If the last day
falls on the 29th, 30th or 31st of a month and that day does not exist in
that month the day which is naturally the last day of that month will be
deemed to be the last day of the fifty-nine month period) send by recorded
post the original Cash Back Certificate together with the original purchase
invoice or proof of purchase to CashBack Sales (INDIA) PVT Ltd at its
administration address as shown on the Cash Back Certificate
3. If all the requirements have been satisfied by the Holder and all terms
and conditions have been fully complied with, CashBack Sales (INDIA) PVT
Ltd will confirm that the Holder is eligible for payment and within not
more than 60 days after receipt of documentation under paragraph 2 above,
will notify the Holder of the redemption amount payable. Notification will
be made to the Holder’s address as stated in the Certificate or such other
address as the Holder may have notified to CashBack Sales (INDIA) PVT Ltd
at its administration address by recorded delivery. Payment in full of the
relevant redemption amount will be made to the Holder by cheque within a
further period of not more than 60 days.
4. Notwithstanding anything contained herein, CashBack Sales (INDIA) PVT
Ltd is solely responsible for processing and payment of qualifying
redemption claims.
5. Only bona fide claims shall be accepted and no claims shall be processed
for goods or services returned or refunded, whether in whole or in part.
CashBack Sales (INDIA) PVT Ltd shall be entitled to require independent
verification from the supplier’s auditors as to any disputed claim made.
6. Time is of the essence and all time limits specified in these terms and
conditions must be strictly complied with in order for claims to qualify.
7. In respect of clauses 1 and 2 CashBack Sales (INDIA) PVT Ltd reserves
the right to require the production to it of the original recorded post
receipt. This is in the event that the original postmark is illegible.
8. The Cash Back Certificate and all rights hereunder may not be assigned
to any other person but, in the event of the Holder’s death, shall be
available for the Holder’s heirs and successors.
9. By signing the registration section of the Cash Back Certificate and
returning it to the CashBack Sales (INDIA) PVT Ltd administration address,
the Holder confirms that he has read and fully understood these terms and
conditions and agrees to be bound by them.
10. The Holder acknowledges that by issuing the Cash Back Certificate,
CashBack Sales (INDIA) PVT Ltd is not giving any guarantee, warranty or
undertaking nor making any representation in relation to any items, goods
or services supplied by the supplier.
11. The supplier named in the Cash Back Certificate after paying the
promotion cost has no liability or responsibility to the Holder for any of
the obligations of CashBack Sales (INDIA) PVT Ltd under these terms and
conditions.
12. Any and all liability to taxes which may arise as a result of
redemption payment will be the sole responsibility of the Holder.
13. These terms and conditions constitute the entire agreement between
CashBack Sales (INDIA) PVT Ltd and the Holder and may not be varied or
amended in any way.
14. These terms and conditions will be governed and construed in accordance
with Indian law and CashBack Sales (INDIA) PVT Ltd and the Cash Back
Certificate Holder submit to the exclusive jurisdiction of the Indian
courts in Goa in the event of any dispute.
15. These terms and conditions do not affect the Holder’s statutory rights.
© 2001 CashBack Sales (INDIA) PVT Ltd ® All rights reserved. Unauthorised
use or duplication prohibited. No part of this brochure in whole or in part
may be reproduced by whatever means without the prior consent of CashBack
Sales (INDIA) PVT Ltd ®
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