These terms and conditions outline the rules and regulations for the use of EARNIFY Website.
By accessing this website we assume you accept these terms and conditions. Do not continue to use EARNIFY if you do not agree to take all of the terms and conditions stated on this page.
This Service is operated by EARNIFY ("we", "us", "Company", "EARNIFY" or "Earnify.in"). Please read these terms of Service (“Terms of Service” or “Agreement”) carefully as they contain the legal terms and conditions that you agree to when you use the Service provided by us through Earnify.in (“Site”).
1. Membership
Earnify.in membership is available through registration process after you submit certain requested information to Earnify.in. Before registration we ask whether or not you agree to current Terms of Service.
If you don’t agree to our Terms of Service you will not be permitted to use the Earnify.in Service.
Please be aware that a member of Earnify.in is not allowed to run any paid ads on Google, Facebook or any other platform pointing to Earnify.in.
Failure to comply will result in the immediate termination of the member's account, along with any associated accounts.
2. Our Service
Our Service allows users who register on the Site ("Members") and therefore create an account with us ("Account") to earn Profit on tracked purchases from retailers on the Site ("Retailers"). To qualify for Profit, the Retailer must confirm that the Member's purchase is tracked, genuine and successful (constituting a "Qualifying Transaction”). Members can share their EARNIFY links with their friends, family etc. When any Qualifying Transactions are generated via these links and EARNIFY receives commission fee for these Qualifying Transactions from Retailers, EARNIFY will pay Members “Profit” for sales generated via their EARNIFY links. Please note that if for any reason whatsoever, Earnify.in does not get paid commission from Retailers for Qualifying Transactions, then no Profit is due to the Member as well.
Also, in the event that the Retailers do not track a transaction using their affiliate tracking system, then such sales might not be paid to EARNIFY, and hence any due or expected Profit from these sales will also not be paid to the Member.
Unique Referral Fee:
The Earnify.in Service also provides a unique referral fee to its Members where the Members get ten per cent Profit on each new Member's Profit introduced by them in the manner provided on the Site ("Qualifying Referral") as long as they remain a Member themselves. Please see Clause 4 below for details.
3. Becoming a Member
You must be at least 16 years of age to become a Member.
You must register on EARNIFY using accurate and current information about yourself - including your correct name, address and any other requested details.
If you are asked for, and provide, details of a bank account into which you wish to receive payments (your "Profit Receipt Method"),
you (a) must ensure that you are, and remain, fully entitled to use that Profit Receipt Method, and (b) confirm that you wish to receive Profit through
that Profit Receipt Method. You should keep this information updated through your Account.
Your Profit Receipt Method (such as NEFT) may have rules about the maximum or minimum payment that you can receive through that Profit Receipt Method..
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.
4. Profit and Referral Fees:
After a Member successfully completes a Qualifying Transaction, and once we have received the resulting Profit for that Qualifying Transaction, we pass that Profit to the Member through his/her Profit Receipt Method.
Please note that there are various circumstances in which a transaction with a Retailer may not constitute a Qualifying Transaction, or Profit may not result from it. This is also true for a Qualifying Referral. The Member understands that all transactions made by him/her are not with us, but with the individual Retailer. Our help pages provide further information about these circumstances. Further, from time to time Retailers may increase or decrease the commission paid – in which case the Profit offer illustrated on our Site may be incorrect. By default, your applicable transactions will be credited in line with the commission reported to us by the Retailer, which may be more or less than the advertised rate. We shall not be liable for any difference in the expected Profit by the Member and the actual Profit received by the Member.
When we have traced a paying, Qualifying Transaction to your Account, we will credit your Account with a 'pending payment'. Once the Retailer confirms the transaction, the payment will be marked as 'validated' – this can take 90 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the Profit payment will not be made. Apart from the Retailer, it is also mandatory for the members to intimate EARNIFY about any returns or exchanges for which they might have earned Profit unduly.
Whether a transaction shall qualify as a Qualifying for Profit Transaction (including Profit through a Qualifying Referral) shall be at the sole discretion of the Retailer or us and the Member understands and agrees to the same. We shall not be held responsible if the Retailer fails to report a sale to us or does not qualify a transaction as Qualifying Transaction. Further, we shall not be responsible in the event due to some technical or other error we cannot trace a sale back to the Member and does not qualify the transaction as a Qualifying Transaction or a Qualifying Referral for any reason whatsoever. Whilst we will endeavour to recuperate non-payments from the Retailer, the decision of ourselves, the Retailer or Retailer's tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission claims, particularly where no purchase has been made.
Further, in the event that the Retailer feels that the purchase is not genuine for any reason whatsoever and we do not receive any Profit for the transaction, the Member will not receive any Profit.
We reserve the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a Retailer or its agencies and/or misuse or fraud. This can include transactions which are already marked as payable or validated in your Account, or for transactions which have already been paid over to you by [NEFT] or any other means. In all such incidences, EARNIFY has the right to recover all unduly paid Profit which the Member is not entitled to earn, through legal proceedings.
To minimize our administration costs, Members must make at least one Qualifying Transaction in each 12-month period from their registration date. If the Member does not log in and make at least one Qualifying Transaction during this 12-month period, then EARNIFY may debit the Member's Account balance by up to Rs. 500 to cover our administration costs for maintaining the Member's Account. If the Member's balance is less than Rs. 500, then the Account will be removed and the balance forfeited. This applies only to Accounts with a positive balance. For the avoidance of doubt, no charges will be made to Accounts with a zero balance. An email will be sent to the Member's registered email address prior to any deductions being made. To prevent this charge, all the Member has to do is log in and make a Qualifying Transaction. After the charge has been made, we will refund the charge if a Qualifying Transaction is made within 14 days.
5. Your Account:
You can withdraw your validated profit when you have at least Rs 99 in your Account. In the event the Member decides to close the Account with us or the Member's Account is closed for any reason whatsoever, before reaching the initial Rs 99 limit, then no Profit shall be payable to the Member. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.
6. Intellectual Property:
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Site (including the material which is contributed by Members or Retailers) are owned by, or licensed to, us. It is easy to copy material which appears on websites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Site, or any of the material which is found on the Site unless properly licensed to do so by us.
By uploading or including any material on the Site, a Member expressly grants:
to us a non-exclusive license (including the right to grant sub-licenses) to use, reproduce and distribute that material through EARNIFY and any other interactive services through which we or our sub-licensee make EARNIFY available; and
to other Members (through us, under the license referred to in a) above), the non-exclusive, personal, non-transferable right to view the relevant material.
7. Privacy & Cookie Policy:
Our Privacy & Cookie Policy forms part of this Agreement, and by entering into this Agreement you also give your consent to the way we handle your personal data under that policy. Given the global nature of the World Wide Web, please note that a posting on the Site may be accessible to internet users around the world.
8. Our Role:
We are not a party to any transactions with Retailers, and are not the seller or supplier of any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:
the quality, safety, or legality of those goods or services available from Retailers; or
whether the Retailer can or will supply and pass good title to any goods or services.
Members should exercise no lesser degree of caution in entering into transactions with Retailers than they would when entering into a similar transaction offline. To the extent that the Applicable Law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Retailers, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Retailers.
9. Misuse:
We reserve the right to suspend or terminate any Members access to our service, or parts of it, if in our reasonable view the relevant Member or Account appears to be in breach of any provision of this Agreement.
Members must not enter into, or attempt to enter into, any transaction with a Retailer or to gain Profit (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Retailers offering including but not limited to creating fake or unauthorized referral links, or (c) in breach of any terms and conditions applied by us or the Retailer to that transaction.
We reserve the right to forfeit any pending payments or validated payments in the Member's Account in case of such misuse of our service by the Member.
It is each Member's obligation to ensure that any material posted by him/her or associated with his/her Account:
is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
does not contravene the Applicable Law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
does not breach the rights of any person or entity (including any rights or expectations of privacy);
where it constitutes feedback on a Retailer, is accurate and fair; and
does not advertise any goods or services.
Notwithstanding anything contained elsewhere in this Agreement and the Privacy Policy, we reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your Account, email addresses, usage history, posted materials, IP addresses and traffic information. Any Member, who in the sole discretion of the Retailer or us, has committed fraud in use of the Site or Service or misused the Site or Service, their Account will be closed, email and IP address will be blacklisted so they cannot use it again, and cannot register from the same PC.
If you see or experience anything on our Site that appears to infringe any of the above requirements, we would like you to inform us by using our contact form.
Each Member acknowledges that we are entitled, but not obliged, to withdraw any material, which appears - based on information received from third parties or other Members - to be in breach of this Agreement.
10. Contact from third parties:
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
to provide all reasonable information and assistance we may require in connection with responding to that contact; and
to respond promptly and accurately to it, should we pass the message to you for a response.
11. Additional services:
We or our partners may offer new or additional services through the Site from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Site in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
12. Operation of our Service:
We reserve the right to withdraw, modify or suspend aspects of the Profit Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavor to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the our service. There may also be times when the Service becomes inaccessible as a result of technical difficulties experienced by us or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Profit Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Site. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
13. Disclaimer and Limitation of Liability:
Disclaimer: The content and material from or through the site are provided "as-is," "as available," with "all faults", and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability, non-infringement, freedom from error, and fitness for a particular purpose). The information and services may contain bugs, errors, problems or other limitations. We and our affiliated parties have no liability whatsoever for your use of any information or service, except as provided in sub-section 13(d). In particular, but not as a limitation thereof, we and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, savings, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the agreement between us and you. This site and the products, services, documents, content and materials and information presented would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site or otherwise shall create any warranty, representation or guarantee not expressly stated in this agreement. All responsibility or liability for any damages caused by viruses contained within the electronic file containing a form or document is disclaimed.
Liability:
We warrant that the Profit Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Profit Service, but we cannot and do not guarantee that the Profit Service will meet your requirements.
We shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
Nothing in this Agreement shall exclude or restrict our liability for death or personal injury resulting from our negligence.
Limitation of Liability: Subject always to sub-Clause e. below, we shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. The aggregate liability of our Company and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed Rs 500 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party to us.
We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise
(A) for any loss of revenue, business, anticipated savings or profits;
(B)any errors in or omissions from the Site or any services or products obtainable therefrom;
(C) the unavailability or interruption of the Site or any features thereof;
(D) your use of the Site;
(E) the content and materials contained on the Site;
(F) or any delay or failure in performance beyond our control or any of our affiliated parties.
for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Profit Service or other non-performance of this Agreement or otherwise.
Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by Applicable Law.
For the avoidance of doubt, we will not have liability to you or any other person in respect of material contributed by Members, transactions (or non-transactions) with Retailers, or any activity or communication relating to such material or transactions.
The provisions of this Clause 12 shall survive the termination or expiry of this Agreement.
14. Communications:
You hereby expressly agree to receive communications by way of SMS, e-mails, mobile app notifications or other messages from Earnify.in.
15. Indemnity:
You agree to indemnify us against all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a Retailer.
16. Assignment:
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without our written consent assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
17. Entire Agreement:
This Agreement is intended to contain your entire agreement with us relating to the Profit Service; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Profit Service, except for any fraud or fraudulent representation by either of us.
18. Changes to this Agreement:
We reserve the right to change this Agreement from time to time, and post the new version on the Profit Service. When we do so, we will post the new version of the Agreement on the Profit Service, and the new version of these terms and conditions will take effect, and will govern the Profit Service and your relationship with us:
commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use our service; or
immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.
19. General:
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable.
You and us are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
If we fail to enforce any provision of this Agreement, such will not be considered a waiver of our right to enforce such provision.
Neither you nor us shall be liable for any delay or failure to perform any obligation under this Agreement (other than your payment obligation)
if the delay or failure is due to circumstances beyond your or our reasonable control. This Agreement is not intended to benefit any
third party and does not create any third party beneficiaries. Accordingly, this Agreement may only be invoked or enforced by you or us.
20. Governing Law and Dispute Resolution:
This Agreement is governed by and construed in accordance with the laws of India.
Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Uttar Pradesh.
21. Keeping this Agreement:
We don’t separately file the individual Agreements entered into by Members when they register for the Profit Service.
Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
It is offered in English only.
22. Cookies
We employ the use of cookies. By accessing EARNIFY, you agreed to use cookies in agreement with the EARNIFY's Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
23. License
Unless otherwise stated, EARNIFY and/or its licensors own the intellectual property rights for all material on EARNIFY. All intellectual property rights are reserved. You may access this from EARNIFY for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from EARNIFY
Sell, rent or sub-license material from EARNIFY
Reproduce, duplicate or copy material from EARNIFY
Redistribute content from EARNIFY
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. EARNIFY does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of EARNIFY, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, EARNIFY shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
EARNIFY reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The Comments do not contain any defamatory, offensive, indecent or otherwise unlawful material which is an invasion of privacy;
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant EARNIFY a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
Government agencies;
Search engines;
News organizations;
Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
internet portals;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of EARNIFY, and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.