Welcome, and thank you for your interest in CLICK CASH, Inc. ("CLICK CASH"). The following Terms of Use, together with CLICK CASH’s Privacy Policy, are a legally binding contract between you and CLICK CASH regarding your use of CLICK CASH's website, mobile applications, networks, and other related features or services (collectively, the "Service").
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Please read the following terms of use carefully. By clicking "I Accept," registering for an account, downloading a Click Cash mobile application, accessing, browsing, or otherwise using the service, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including the Click Cash privacy policy, any applicable end user license agreement, and any additional terms or future modifications (collectively, the "Terms").
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If you are not eligible, or do not agree to all of the Terms, then please do not use the Service.
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- Eligibility. The Service is intended to be solely offered for legal residents of Egypt and natural persons that are sixteen (16) years of age or older. Any registration by, use of, or access to, Service by any non-legal resident or person under 16 or on behalf of a juristic person is unauthorized, unlicensed and in violation of these Terms. By using Services, you represent and warrant that, you are a legal resident of Egypt and at least 16 years old and not subject to any legal restriction to enter into these Terms as a legal binding agreement. By agreeing to the Terms, you further represent and warrant to us that you have not previously been suspended, removed or deactivated from the Service, and that your registration and your use of the Service is in compliance with any and all applicable laws and regulations. Any breach of these representations may result in CLICK CASH revoking your permission to use the Service and any rights you have to the Rewards in your account may terminate, pursuant to Section 17 of these Terms.
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- Privacy Policy; End User License Agreement; Additional Terms
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- Privacy Policy. Please read the CLICK CASH Privacy Policy carefully for information relating to our collection, use, and disclosure of your personal information. The CLICK CASH Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
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- End User License Agreement. Your use of any mobile application or other downloadable software we may provide (each, an "App") is subject to an End User License Agreement. The applicable End User License Agreement depends on the platform on which the App is designed to run and the features of the App. The End User License Agreement will be presented to you when you download and/or install the App and will be accessible through the App. Apps are deemed part of the Service, and all such End User License Agreements are hereby incorporated into, and made a part of, the Terms by reference.
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- Additional Terms. Your use of the Service is subject to any additional terms, rules, or guidelines applicable to certain services and features which we may post from time to time (the "Additional Terms"). All such Additional Terms are hereby incorporated by reference into, and made a part of, the Terms.
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- Modification of the Terms. We reserve the right, at our discretion, to change the Terms on a going forward basis at any time. Please check the Terms periodically for changes. Your continued use of the Service after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to the Terms materially modifies your rights or obligations, we will make an effort to notify you of the change at least fifteen days prior to the effective date of such change, such as presenting a pop-up window or other notification to you through the Service when you log in, and we may require that you accept the modified Terms in order to continue to use the Service or by sending you an email to the email address we have on file for you. It is your responsibility to review this Terms, available on the App from time to time to see if it has changed. If you do not agree with the changes, do not use the Services. Immaterial modifications are effective immediately upon publication, and material changes will be effective upon the earlier of (a) continued use of the Service with actual knowledge of the modification, or (b) fifteen (15) days following the change. However, modifications addressing new functions of the Service or modifications made for legal reasons will be effective immediately. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Terms in effect that the time the dispute arose.
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- Accounts and Registration. To access most features of the Service you must register for a CLICK CASH account. Each person may only register one single account When you register for an account, you may be required to provide us with some information about yourself (such as your email address, phone number, or other contact information). You agree that the information you provide to us is and will be accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You also agree to use SMS OTP to verify your mobile number: (i) phone number, (ii) email address, or (iii) such other method as may be offered by CLICK CASH in its sole discretion. If you are accessing your CLICK CASH account from a new device (or if you are logging in to your CLICK CASH account for the first time), you must first log in using your username and password, then verify with SMS OTP. Once you confirm your identity, you will have full access to your CLICK CASH account. You agree to accept responsibility for all activities that occur within and pursuant to your account. If you have reason to believe that your account is no longer secure for any reason (for example, in the event of a loss, theft or unauthorized disclosure or use of your password), then you agree to notify us immediately by submitting a ticket from within the app or visiting our Help Center. If you are unable to log-in to the Help Center, please send an email to. We will retain your information in accordance with our Privacy Policy and the relevant Egyptian laws and regulations.
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Location Data. Some features of the Service enable us to tailor your experience in the Service based on your location. If you decline to provide location information, or if, in our judgment, we cannot verify your location, you will be unable to utilize some features of the Service.
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- User Rewards.
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- User Rewards Generally. CLICK CASH may make available to you from time to time through the Service offers on certain third-party products and services (each an "Offer"). When you redeem an Offer through the Service, you will accumulate rewards in your CLICK CASH account ("Cashback"). Each Offer may be subject to Additional Terms and may be discontinued by CLICK CASH at any time without notice. At any time and in CLICK CASH's sole discretion, CLICK CASH may: (i) determine whether or not you are eligible to redeem an Offer; (ii) determine whether or not you have earned Cashback; or (iii) adjust your Cashback total to accurately and fairly reflect the Cashback that you have actually earned. CLICK CASH may, in its sole discretion, deduct from your CLICK CASH value account any cashback that CLICK CASH determines you have not earned or you have earned in violation of these Terms. Prior to distribution, Cashback have no monetary value and you may not obtain any cash, money, or anything of value in exchange for your Cashback except as made available by CLICK CASH under Section 6.2.
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- Rewards Redemptions and Minimum Rewards Level. Once you have accumulated at least hundred Egyptian pounds (EGP 100) in Cashback in your CLICK CASH account (the “Minimum Distribution Amount”), you may elect to have CLICK CASH distribute your Cashback via one or more of the available distribution options as shown in the CLICK CASH mobile app. The available distribution options are subject to change without notice to you, in accordance with these Terms, and you have no vested right to any particular form or method of distribution. You may not Redeem any Cashback, and you may not obtain any cash, money, or anything of value in exchange for your Cashback prior to reaching the Minimum Distribution Amount, or if subsequently your Cashback fall below the Minimum Distribution Amount, for as long as your Cashback remain below the Minimum Distribution Amount. For each distribution option made available by CLICK CASH to you through the Service, CLICK CASH displays to you within the CLICK CASH mobile app the Minimum Distribution Amount at any given time, in which case that Minimum Distribution Amount will apply. The Minimum Distribution Amount is subject to change by CLICK CASH at any time. CLICK CASH may, at its sole discretion, limit the amount of Cashback that you can distribute in any given period of time or for any particular transaction. If you elect to close your CLICK CASH account and you have undistributed Cashback that meet or exceed the Minimum Distribution Amount, you will be expected to distribute such Cashback prior to closing your account, and you must distribute those Cashback even if this means you must distribute your Cashback in the payout option with the lowest minimum distribution amount. If your account is terminated by CLICK CASH, and if you fail to properly distribute your Cashback in accordance with these Terms when closing your account, or if at the time of closing you have less than the Minimum Distribution Amount in your account, any rights you have to the Cashback in your account will terminate and you will no longer be eligible to receive a distribution of such Cashback. In all events CLICK CASH will not be liable to make any Cashback redemption until it has collected from CLICK CASH’s clients amount of the Cashback, in this regard you acknowledge that CLICK CASH accept no liability to make any Cashback redemption until payments are made and fulfilled by the client. Nevertheless, you will not be entitled to any delay payments or damages for any delayed Cashback redemption including any delays from the client.
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- Third-Party Payment Providers and Cashback Cash-out. Certain distribution options are provided by licensed money transmitters authorized by CLICK CASH to operate in connection with the Services (“Authorized Money Transmitters”) and are subject to additional terms and conditions associated with your account with such Authorized Money Transmitter (the “Payment Provider Terms”). When you elect to distribute Cashback through an Authorized Money Transmitter, you further agree (i) that CLICK CASH is acting as your agent with respect to the payout processing, and (ii) that you are bound by the applicable Payment Provider Terms made available by that Authorized Money Transmitter, as such Payment Provider Terms may be modified by the Authorized Money Transmitter from time to time.
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- Bonuses. From time to time, CLICK CASH may introduce special bonuses or incentives that may be available to you in connection with the Services (“Bonuses”). You will not be eligible to earn Referral Bonuses if you invite other users who share the same mobile device or if they create multiple accounts in an effort to earn Referral Bonuses for inviting themselves, or if you publish your personal referral code on a public website, store, or forum for the purposes of referring people who you do not know personally. You represent and warrant that you will only refer CLICK CASH to those individuals whom you know personally. Such actions violate these Terms of Use and shall be grounds for CLICK CASH to terminate your account, rescind any Referral Bonuses, reverse or correct user Cashback balances, or take other actions as appropriate. Where you cannot produce examples of how you made referrals, including screenshots of where you made referrals, CLICK CASH reserves the right to decline to award to you Referral Bonuses, rescind Bonuses, demand repayment of Cashback credited, or take other remedial actions.
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- Taxes. Your distribution of Cashback may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your distribution of Cashback and you agree to provide CLICK CASH with information CLICK CASH requests in connection with applicable taxes. You are solely responsible for any tax liability (including fees, penalties, or fines) incurred by CLICK CASH as a result of your action or inaction in connection with the foregoing (including your failure to provide CLICK CASH with information). You agree that CLICK CASH is authorized to deduct and withholding taxes and offset of any tax liability from your Cashback, if required by law.
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- Account Maintenance Fees. There are costs associated with the creation and maintenance of your CLICK CASH account, and those costs are covered by the fees CLICK CASH earns when you redeem Offers. Therefore, if you have redeemed at least one Offer during the prior 180 days, your account will not be assessed any account maintenance costs. If, however, you do not redeem at least one Offer during any 180 day period, CLICK CASH will deduct from your CLICK CASH account, on a monthly basis, the lesser of (i) 5 EGP, or (ii) the amount then reflected in your CLICK CASH account (in either case, an “Account Maintenance Fee”). No Account Maintenance Fees will be charged or deducted during the first six months after you initially register for your CLICK CASH account. CLICK CASH will attempt to notify you before any Account Maintenance Fee is deducted from your account, or if the Account Maintenance Fee amount changes, by sending you an email to the address we have on file for you. Subject to CLICK CASH's right to terminate your account under these Terms, CLICK CASH will stop charging your account for Account Maintenance Fees for six months if you redeem at least one Offer. Under no circumstances will you ever pay an Account Maintenance Fee with anything other than amounts in your CLICK CASH account – we will never ask you to make a payment for Account Maintenance Fees with credit or debit cards, checks or cash. If your Redemption balance reaches EGP 0.00, your balance will remain at that amount until you earn more Cashback or your account is terminated in accordance with these Terms., CLICK CASH will suspend your ability to earn Cashback for Offers in that manner. In order to keep earning cash back for Offers that you do not add to your shopping list, you must complete any one of the following actions during the prior ninety (90) -day period:
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- Open CLICK CASH's mobile application; or
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- Claims. Cashback provided under this Section 6 are provided solely by CLICK CASH and not underwritten, sponsored, or provided by any other third-party, including CLICK CASH's brand and merchant partners. By accepting these Terms of Use you agree not to seek Cashback or make any claims for Cashback against third-party providers, merchants or manufacturers of products and services. You agree that CLICK CASH may transfer and/or assign its rights and obligations under these Terms of Use at any time.
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- Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO:
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- submit to CLICK CASH purchase information that is false, inaccurate, fabricated, counterfeited, tampered with, adjusted, or otherwise artificial or inauthentic for the purpose of seeking to redeem Offers with CLICK CASH;
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- redeem, or attempt to redeem, CLICK CASH Offers for products that have not actually been purchased and retained, or for products that have been purchased but returned to a store or online vendor, following purchase;
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- upload receipts to CLICK CASH that have already been uploaded by you or another user, for the purpose of earning credit from CLICK CASH for purchasing products that you did not actually purchase;
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- upload receipts to CLICK CASH that reflect purchases that took place more than one (1) week prior to the date on which the receipt is uploaded;
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- upload receipts to CLICK CASH that reflect purchases that took place prior to the launch date of a retailer's Offer or campaign and therefore prior to your adding the Offer, except where expressly permitted in the Offer details;
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- attempt to obscure the date on a receipt, such as by purposefully uploading a receipt without any date shown or without any clearly legible date shown;
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- extract information from CLICK CASH's web or mobile applications for the purpose of using said information in conjunction with another service, web or mobile application;
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- rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
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- post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
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- post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, profane, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
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- exploit or attempt to exploit CLICK CASH's referral bonus program by inviting yourself to join CLICK CASH using another account or invite others who share the same mobile device, in an effort to earn referral bonuses or credit(s), or by publishing your personal referral code on any public website, store, or forum for the purposes of exploiting CLICK CASH’s referral bonus program by referring people personally unknown to you;
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- make false or misleading claims about CLICK CASH's referral program or any other incentive program created by CLICK CASH;
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- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Service accounts of others without permission, forge another person's digital signature, misrepresent the source, identity, or content of information transmitted via the Service, or perform any other similar fraudulent activity;
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- infringe the copyright or other proprietary rights on the Service or of any User Content;
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- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
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- use the Service for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy, or the collection, storage, transmission, or access of educational records;
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- defame, harass, abuse, threaten or defraud users of the Service, or collect, or attempt to collect, personal information about users or third parties without their consent;
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- use the Service, including CLICK CASH’s Referral program, for any commercial purpose;
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- remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or User Content, features that prevent or restrict use or copying of any content accessible through the Service, or features that enforce limitations on the use of the Service or User Content;
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- reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service or any part thereof (including any App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
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- modify, adapt, translate or create derivative works based upon the Service or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law; or
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- intentionally interfere with or damage the operation of the Service or any user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
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- User Content.
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- User Content Generally. Certain features of the Service may permit users to post content, including messages, reviews, photos, images, folders, data, text, and other types of works (collectively, "User Content") and to publish User Content on the Service.
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- Limited License Grant to CLICK CASH. By posting User Content, you provide your consent and grant CLICK CASH a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute and re-distribute, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed), such license is only to enhance the Service provided and within the limitations by the applicable law. You retain copyright and any other proprietary rights you hold in the User Content that you post to the Service. The license is terminated by upon terminating your agreement with CLICK CASH.
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- User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that:
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- You are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize CLICK CASH and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 9 and in the manner contemplated by CLICK CASH and the Terms;
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- Your User Content, and the use thereof as contemplated herein, does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) contain any viruses, adware, spyware, worms, or other malicious code; or (d) violate any applicable law or regulation.
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- User Content Disclaimer. We are under no obligation to edit or control User Content that you and other users post or publish, and will not be in any way responsible or liable for User Content. You understand that when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CLICK CASH with respect thereto. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to the Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, CLICK CASH does not permit copyright infringing activities on the Service.
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- Monitoring Content. CLICK CASH does not control and does not have any obligations to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that CLICK CASH reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time CLICK CASH chooses to monitor the content, CLICK CASH still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
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- Consent to Electronic Communications and SMS
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- By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. In accordance with this Section 11, we may also communicate with you via SMS.
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- By providing us with your contact information, you agree that we may contact you at the address, email, phone number, or other contact information provided.
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- Data Protection. We comply with the provisions of the Egyptian Data Protection Law to our best knowledge. If you have any complaints or objections to material posted on the Service, you may contact our Designated Agent at the following address:
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CLICK CASH, Inc.
E-mail: privacy@CLICK-CASH.co
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Third Party Services and Websites. CLICK CASH may provide tools through the Service that enable you to export information to third party services, including through use of an API or by linking your account on CLICK CASH with an account on the third party service, such as Twitter or Facebook. By using these tools, you agree that we may transfer such User Content and information to the applicable third party service. Such third party services are not under our control, and we are not responsible for the contents of the third party service or the use of your User Content or information by the third party service. The Service, including our websites, may also contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties services or websites.
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Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), you hereby grant CLICK CASH an unrestricted, perpetual, irrevocable, non-exclusive, fully paid-up, worldwide, royalty free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
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Limitations on User Accounts. A user may not create more than one (1) CLICK CASH account. Each unique mobile device may not be associated with more than two (2) user accounts. Users who attempt to associate an excessive number of mobile devices with a single user account may be deemed to have violated these Terms of Use to the extent they are deemed by CLICK CASH to have abused the Service.
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Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 17.
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Termination of Use; Discontinuation and Modification of the Service. If you engage in Prohibited Conduct or otherwise violate any of the Terms, your permission to use the Service will automatically terminate and any rights you have to the Cashback in your account will terminate and you will no longer be eligible to receive a distribution of such Cashback. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any accounts you may have in connection with the Service including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of CLICK CASH or any third party; or (ii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service, provided that if we terminate your access to the Service other than for your breach of these Terms, you may be entitled to have your Cashback distributed, as described in the Terms. You may terminate your account at any time by visiting our Help Center.
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Effect of Termination. Upon termination of these Terms: (a) in accordance with the applicable End User License Agreement, your license rights will terminate and you must immediately cease use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) all payment obligations accrued prior to termination and Sections 14, 17, and 18-29 and any other Sections which, by its nature or express terms should survive will survive.
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Ownership; Proprietary Rights. The Service is owned and operated by CLICK CASH. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by CLICK CASH (the "Materials") are protected by United States copyright, trade dress, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that is provided and owned by users of the Service, all Materials contained in the Service are the property of CLICK CASH or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to CLICK CASH or its affiliates and/or third-party licensors. Except as expressly authorized by CLICK CASH, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. CLICK CASH reserves all rights to the Materials not expressly granted in the Terms.
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Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you agree to defend, indemnify and hold harmless CLICK CASH and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "CLICK CASH Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
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Disclaimers; No Warranties.
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the service is provided "as is" and on an "as available" basis, without warranty or condition of any kind, either express or implied. the Click Cash entities specifically (but without limitation) disclaim (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; (ii) any warranties arising out of course-of-dealing, usage, or trade; (iii) any warranties that the information or results provided in, or that may be obtained from use of, the service will meet your requirements or be accurate, reliable, complete, or up-to-date; and (iv) any warranties whatsoever regarding any products, services, information or other material advertised, made available, or referred to you through the service. you assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use of or access to the service. any content, materials, information or software downloaded, used or otherwise obtained through the use of the service is done at your own discretion and risk.
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the limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. Click Cash does not disclaim any warranty or other right that Click Cash is prohibited from disclaiming under applicable law.
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Limitation of Liability.
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to the maximum extent permitted by applicable law, neither the Click Cash entities nor any other party involved in creating, producing, operating or delivering the service will be liable for any incidental, special, consequential or punitive damages, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the Click Cash entities have been informed of the possibility of such damage where such damages result from: (i) your access to or use of, or inability to access or use, the service, or (ii) any purchase of a third party product or service based on information contained in the Click Cash service, including the availability of a coupon. you specifically acknowledge that the Click Cash entities are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. further, the Click Cash entities will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service.
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Except as provided in section 23.5 and to the fullest extent permitted by law, the aggregate liability of the Click Cash entities to you for any and all claims arising from or related to the use of the service is limited to the greater of (i) the amounts you have paid to Click Cash for access to and use of the service giving rise to such liability in the twelve (12) months prior to the claim or (ii) $100. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Click Cash and you.
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some jurisdictions do not allow the limitation or exclusion of liability in certain circumstances. accordingly, some of the above limitations may not apply to you.
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each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. this allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of these terms. the limitations in this section 22 will apply even if any limited remedy fails of its essential purpose.
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Dispute Resolution
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(a) To expedite resolution and to minimize cost of any claims and disputes arising out of or relating to this Agreement (“Dispute(s)”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your account. Our address for such Notices is privacy@CLICK-CASH.co. Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
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(b) If the parties are unable to resolve a dispute through informal negotiations, after 30 days from the date of the first notice, the parties agree that all disputes shall be resolved by the Egyptian courts as having a trial constitutes a constitutional and statutory to go to courts. All disputes shall be governed by, and shall be construed in accordance with, the Laws of the Arab Republic of Egypt.
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(c) The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and: (1) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Aforementioned Disputes shall be brought in Egypt unless the parties agree otherwise. In addition, either party may assert claims, if they qualify, in small claims court in any location in Egypt where such party lives or works.
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This Agreement shall be governed by, and will be construed under, the laws of Egypt.
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General. The Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and CLICK CASH regarding your use of and access to the Service, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties. You may not assign or transfer the Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign the Terms at any time without notice. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
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Contact Information. If you have any questions regarding CLICK CASH, the Service, or the Terms please visit our Help Center.
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No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
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