Please read these "Terms & Conditions"
carefully before registering as a member of the QDeals.com. This
document explains the Terms and Conditions governing your membership in
the QDeals.com. It is your responsibility to read and understand them.
By registering as a member, you agree to be bound by these Terms and
Conditions. The registration process requires your valid email address
and a password in order to access your account. Participation in the
rebate program and all other benefits are offered at the sole
discretion of QDeals, Inc, the owner and operator of the web site QDeals.com. QDeals, Inc has the right to change these Terms and
Conditions, in whole or in part, at any time with or without notifying
you. |
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1 |
Eligibility |
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1.1 |
You must be an individual, 18
years of age or older. |
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1.2 |
QDeals.com members must be
human: no machines, scripts, or automated services may be used to get
any financial benefits derived from the use of QDeals.com web site or
any of its programs. |
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1.3 |
You can maintain only one
account. Any duplicate accounts will be subject to cancellation. |
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1.4 |
The QDeals.com rebate program
is only available via access to the QDeals.com web site at
http://www.QDeals.com. You must have Internet access and a valid email
address to be eligible to receive the privileges and benefits of
membership. QDeals.com is not responsible for your inability to connect
to the Internet, log into the QDeals.com Web site, or access your
account. |
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1.5 |
By agreeing to these terms,
you also agree not to 'spam' unknown individuals by sending them
unwanted emails to solicit their membership at QDeals.com. Refusal to
abide by this or any other rules may result in QDeals.com canceling
your membership. |
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2 |
Accrual of Rebates |
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2.1 |
Members will be credited,
subject to the Terms and Conditions described in this agreement, a
percentage of the net purchases or a fixed amount in case of referral
in US dollars made by you at one of our affiliate online merchants
("affiliated merchant"). The percentage or the fixed amount will be
based on the QDeals.com web site as it relates to each merchant. The
net purchase is calculated as the total amount paid to the affiliated
merchant minus tax, gift wrapping, shipping, promotional credits,
returns, cancellations, and transaction fees or as the affiliated
merchant defines on their respective web site, whichever is less.
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2.2 |
As a member, purchases made
through QDeals.com affiliated merchants will be deemed a "qualified
purchase" and will be subject to earn a rebate if and only if all of
the following criteria are satisfied:
- Your web browser must be capable of handling "cookies", both
first and third party (if applicable) and "cookies" must be enabled
on your web browser.
All potential qualified purchases must start from QDeals.com web
site by clicking on the affiliated merchant's link and being
successfully directed to the affiliated merchant's web site.
QDeals.com may redirect your request for a merchant web site
through specific links, in order to assure that the transactions can
be tracked correctly. Any alteration of these links will invalidate
your transaction and will not be deemed a qualified purchase.
The transaction must be completed during the same session
immediately following a click through to the affiliate merchant's web
site. A session begins when you click on an affiliate merchant's link
in the QDeals.com web site and ends when a transaction is made at the
affiliated merchant's web site. Any intervening event will result in QDeals.com's inability to accurately track the transaction and credit
the percentage of the transaction to its member. An intervening event
includes, but not limited to, the member being disconnected from the
Internet for any reason or from any cause; the member closing their
web browser prior to completing the transaction in the same session;
a member book marking a web page and then later on returning to that
bookmark to complete the transaction; a member leaving an affiliated
merchant's web site prior to completing the transaction in the same
session; or any other event which causes an interruption to a
session.
The affiliated merchant does accurately tracks the purchase, and
subsequently credits QDeals.com a percentage of the transaction,
which is at least equal to the percentage noted on the QDeals.com web
site at the time the member clicked through to the merchant web site.
Only registered members are eligible to make a qualified purchase
and eligible for any rebate from QDeals.com.
QDeals.com will determination at its sole discretion whether or
not a transaction made through an affiliated merchant is a qualified
purchase.
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2.3 |
In case of returns,
cancellations or other such events, QDeals.com may reverse and/or
adjust the member account credit. QDeals.com may apply these
adjustments to the member accounts at any time at its sole discretion.
If you disagree with any adjustments made to your account, your can
withdraw from the rebate program by sending email to QDeals.com
customer service. |
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2.4 |
You may be taxed on your
accrual of rebates, depending on the amount of rebates you accrue and
the tax laws of federal, state, and local jurisdictions. QDeals.com may
choose to provide you with those notices to you on occasion. In all
instances, you will be solely responsible for any and all tax liability
arising out of your accrual or redemption of rebates. |
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2.5 |
Only merchants or deals,
which are marked for rebate, are eligible for accrual or payment of
rebates. QDeals.com reserves the right to make any changes in the
rebate eligibility and rebate amount at point without notifying its
members. |
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2.6 |
$2 sign up bonus will be added to your
account when you make the first qualifying purchase from any QDeals
affiliate store after becoming QDeals.com member. Eligible purchases
only include those made from the stores marked for cash rebate or cash
discount. For example, any purchase from Amazon, Toys R Us or
Babies R Us is not eligible for sign up bonus. One individual per
household is eligible for sign up bonus. |
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2.7 |
$3 referral bonus will be added to you
account when we send the first rebate check to the person you referred.
One individual per household is eligible for referral bonus. |
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2.8 |
It is your responsibility to
check your account regularly to ensure that rebates have been properly
credited and that your account balance is accurate. The member must
inform QDeals.com of any rebates that the member believes they are
entitled to within 30 days of the qualifying purchase. Furthermore, all
rebates earned by members are subject to review. QDeals.com may apply
necessary adjustments to member accounts at any time at its sole
discretion. If you do not agree to adjustments made to your account,
your only recourse will be to terminate your membership in QDeals.com.
QDeals.com reserves the rights to terminate any account for abusive or
fraudulent activity or if the member is no longer reachable at the
e-mail address provided. |
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2.9 |
QDeals.com is not responsible
for changes to, or discontinuance of, any affiliated merchant, or any
affiliated merchant withdrawal from the program, or for any effect on
accrual of rebates caused by such changes, discontinuance, or
withdrawal. QDeals.com is not responsible for changes to, or
discontinuance of, any special offer or coupon code at an affiliated
merchant site. It is the member's responsibility to make sure that all
specials are valid. If you choose to use coupons and specials that are
not listed on the QDeals.com site, we cannot guarantee that you will be
eligible to receive any rebate on your purchases. |
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3 |
Payment Schedule |
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3.1 |
Money earned through the
referral program will be paid along with rebates. Continued payments of
referral money will be made at the sole discretion of QDeals.com. The
referral program may be ended, percentages or amount reduced or the
program modified in any way, at any point, and without notice, though
all accrued referral money will be paid in full if and when this
occurs. |
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3.2 |
Accrued rebates and referral
money will be dispersed to the members on or around February 15th, May
15th, August 14th and November 15th only if the total amount is at
least US $15. In order for an accrued rebate or referral money to be
eligible for payment on the above dates, the qualified purchase or
transaction must occur 45 days prior to the payment date. Qualified
purchases or transaction, which occur within the 45-day cutoff period,
will be paid on the payment date subsequent to the next payment date.
If the accrued amount is less than US $15, the balance will carried
forward to the next payment schedule. |
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3.3 |
It is your responsibility to
keep your account information (name and street address) current in order to receive the payment
of your rebates. We do not mail checks to PO box or APO/FPO addresses
at this time. Please use your street address. In the event that your information is not current at
the time of payment, you may forfeit all accrued rebates to QDeals.com.
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4 |
Account Access & Security |
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4.1 |
Upon registration for the
membership, you will select a password that will allow you to access
your QDeals.com account via the QDeals.com web site to modify your
account information, and to check account balances. |
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4.2 |
You must be logged into
QDeals.com entering your email address and password to access your
account. You may check your account status and recent earnings at any
time you are able to access the QDeals.com web site. |
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4.3 |
QDeals.com is entitled to act
on instructions received under your password. For security purposes, it
is recommended that you memorize your password, and do not write it
down. You are responsible for keeping your email address, password,
mailing address, and other account information confidential. QDeals.com
is not responsible for any credits or debits made to your account by
someone else who uses your password. |
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5 |
Non-transferability |
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5.1 |
No rebates earned or granted
under the QDeals.com program may be assigned or transferred to any
third party except as expressly permitted by QDeals.com in writing. The
sale or barter of any such rebate, other than by QDeals.com, is
expressly prohibited. Accrued rebates do not constitute property, and
are not transferable: (i) upon death; (ii) as part of a domestic
relations matter; or (iii) otherwise by operation of law. Any rebates
assigned, sold, or otherwise transferred in violation of the program
rules may be confiscated or canceled. Any violator of the foregoing
restriction is subject to account termination, deduction of rebates
from his or her account, and/or liability for damages and litigation
and transaction costs. |
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6 |
Disclosure of Account Information |
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6.1 |
You authorize QDeals.com to
disclose to third parties information you have provided, or information
that QDeals.com has obtained about your QDeals.com account or shopping
behavior: (a) to agents of QDeals.com or its affiliates, such as
independent auditors, consultants or attorneys; (b) to comply with
government agency or court orders or requests; or (c) where it is
necessary for redemption or transfer of your rebates. Further, you
authorize QDeals.com to receive any account information from any
affiliate merchant including, but not limited to information regarding
the qualified purchase such as the products ordered, the order number,
the order value, the time and date the qualified purchase occurred, the
email address entered for the qualified purchase. You agree to hold the
affiliated merchant harmless for any information disclosed to
QDeals.com. |
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7 |
Limitation of Liability |
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7.1 |
In no event will any other
company with which QDeals.com has a corporate partnering relationship,
including without limitation, co-branding, co-marketing, joint
development, a merchant relationship, or a supplier relationship (each
a "corporate participant") be liable to you for non-performance of
QDeals.com obligations. You agree not to sue any corporate participant
for non-performance by QDeals.com. In no event shall QDeals.com be
liable for any damages, claims or losses incurred (including without
limitation compensatory, incidental, indirect, special, consequential,
or exemplary damages), however caused and under any theory of liability
arising in connection with: (a) the rebate and referral program; (b)
any failure, delay, or decision by QDeals.com in administering the
rebate and referral program; (c) the use or inability to use QDeals.com
web site including but not limited to lost profits, lost business or
lost opportunity, or any indirect, special, incidental or consequential
or exemplary or punitive damages, including legal fees, arising out of
such use or inability to use the QDeals.com, or (d) the purchase or use
of any merchandise, products, or services of merchants or suppliers,
even if QDeals.com, or representatives thereof, are advised of the
possibility of such damages, claims, or losses and notwithstanding any
failure of essential purpose of any limited remedy. |
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7.2 |
The member agrees to
indemnify and hold QDeals.com, its parents, subsidiaries, affiliates,
officers, directors and employees, harmless from any claim or demand,
including reasonable attorney's fees, made by any third party due to or
arising out of member's use of the program, the violation of these
policies by member, or the infringement by member, or other user of the
program using the member's account, of any intellectual property or
other right of any person or entity, or as a result of any threatening,
libelous, obscene, harassing or offensive material contained in any
member communications. |
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8 |
Termination or changes in the rebate and
referral program |
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8.1 |
QDeals.com reserves the right
to terminate the rebate and referral program at any time with notice.
This means you will have sixty (60) days from the date notice of
program ("program") termination is provided to members to redeem
rebates in your account. Notification of program termination will be
sent to the email address you provide to QDeals.com during the
registration process. QDeals.com will not be responsible for failing to
notify you of the program termination where such failure is caused by
any reason outside the control of QDeals.com, including an error in
your email program, an inaccurate email address, your failure to check
for your email online, or your failure to inform QDeals.com of a change
in your email address. |
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8.2 |
QDeals.com may modify this
agreement from time to time, with or without notice, and your continued
participation in the program after such modification shall be deemed to
be your acceptance of any such modification. It is your responsibility
to check the member agreement page of the QDeals.com web site regularly
to determine whether this agreement has been modified. If you do not
agree to any modification of this agreement, you must immediately cease
participation in the program. |
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9 |
Termination of membership |
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9.1 |
Membership in the program is
subject to these Terms and Conditions. Any failure to comply with the
program terms and conditions, any fraud or abuse relating to the
accrual or redemption of rebates, or any misrepresentation of any
information furnished to QDeals.com or its affiliated merchants by you,
or anyone acting on your behalf, may result in the termination of your
membership in the program, cancellation of your QDeals.com account
and/or forfeiture of your accrued rebates. |
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10 |
Disputes |
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10.1 |
All questions or disputes
regarding the rebate and referral program, including without
limitation, questions or disputes regarding eligibility for the
program, or the eligibility of rebates for accrual or redemption, must
be submitted by contacting us through
this
link. Any such disputes
shall be resolved by QDeals.com at its sole discretion. All
interpretations of the Terms and Conditions shall be at the sole
discretion of QDeals.com. In the event that an error is made by
QDeals.com, your sole remedy shall be the credit of the disputed rebate
to your account. |
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11 |
Others |
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This agreement shall be
governed by and construed in accordance with the laws of the State of
North Carolina, USA without reference to conflicts of law rules. As a
condition of the use of the QDeals.com web site and service, you, as a
member, agree to submit to the personal and exclusive jurisdiction of
the courts located within the county of Mecklenburg, North Carolina and
therefore agree to file any grievance or suit of any kind exclusively
in the courts located within the county of Mecklenburg. If any
provision of this agreement is found invalid or unenforceable, that
provision shall be enforced to the maximum extent possible, and the
other provisions contained herein will remain in full force and effect.
QDeals.com's failure to insist upon or enforce strict performance of
any provision of the agreement shall not be construed as a waiver of
any provision or right. Nothing in this agreement shall be construed as
creating or constituting a partnership, joint venture or agency
relationship between QDeals.com and the affiliated merchants or between
QDeals.com and any other of its corporate partners. Neither the
affiliated merchants nor any corporate partner shall have the ability
to create any obligation on QDeals.com's behalf. This agreement
constitutes the entire agreement between you and QDeals.com with
respect to the rebate and referral program. |
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