Terms & Conditions and Privacy Policy – Joemika

1. Introduction:
Welcome to www.joemika.in. The Service is operated by Joemika Online Solutionand (“We”, “Us”, “Joemika” or “Our” where such expression shall unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). Please read these terms and conditions (“Terms and Conditions” or “Agreement”) carefully as they contain the legal terms and conditions that you agree to when you use the service provided by us through the Website and the App (“Platform”, “Website”) .
2. Membership:
Our membership is available through registration process after you submit certain requested information to Joemika. During registration we display our current Terms and Conditions for your perusal. Please be aware that a member of Joemika is not allowed to run any paid ads on Google, Facebook or any other platform pointing to Joemika. If the member does not comply with this then it would result in immediate termination of his/her account.
3. Our Service:
Our Service allows users who register on the Platform (“Members“) and therefore create an account with us (“Account“) to earn profit on tracked purchases from customized links shared by Members on their personal networks from retailers on the Platform (“Retailers“). To qualify for profit, the Retailer must confirm that the Member’s purchase through the customized link is tracked, genuine and successful (constituting a “Qualifying Transaction“). Members can share these customized Joemika links with their friends, family and so on. When any Qualifying Transactions are generated through these links and Joemika receives commission fee for these Qualifying Transactions from Retailers, Joemika will pay Members “Profit” for sales generated via their customized Joemika links. Please note that if for any reason whatsoever, Joemika does not get paid commission from Retailers for Qualifying Transactions, then no Profit is due to the Member as well. In the event that the Retailers do not track a transaction using their affiliate tracking system, then such sales might not be paid to Joemika, and hence any due or expected profit from these sales will also not be paid to the Member. Unique Referral Fee: The Joemika 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 Platform (“Qualifying Referral“) as long as they remain a Member themselves. Please see Clause 5 below for details.
4. Becoming a Member:
If You are a natural person, (i) as a condition to Your use of the Platform, You must be 18 (eighteen) years of age or older; and (ii) by visiting the Platform or accepting these Terms and Conditions, You represent and warrant to Joemika that You are 18 (eighteen) years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms and Conditions; provided however that if You are a parent or legal guardian of a person younger than 18 (eighteen) years of age, You are permitted to access and use the Platform for the purposes of procuring the Services, on behalf of such persons. You must register for the Service 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 or Cheque payment details or other payment mode details 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. Please note that Profit payments by Cheque carry an additional fee of Rs 30 to cover for administrative costs.
Generation, collection and dissemination of ‘Sensitive Personal Data or Information’ is in accordance with Information Technology Act, 2000 as amended from time to time and allied rules requires the User’s express consent.. By affirming assent to this Policy by clicking on the “I agree with Terms and Policy” button at the time of registration, the User provides consent to such information generation and collection as required under applicable laws. We may also be required to share this data with our retailer partners for the purpose of their risk analysis and any other statutory requirements. By clicking on the “I agree with Terms and Policy” button you allow us to share your data and information with the retailer partner.
Note that your Profit Receipt Method (such as NEFT, Cheque, Gift Cards or other payment modes as We may introduce) 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 and mobile number 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 or mobile number, then you must change the details we hold for you on your Account.
5. 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 Platform 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 Joemika 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, Cheque, Gift Cards or any other payment modes as We may introduce from time to time. In all such incidences, Joemika has the right to recover all unduly paid profit which the member is not entitled to earn, through legal proceedings.
6. Your Account:
You can withdraw your validated profit when you have at least INR 10 in your Account. In the event the Member decides to close the Account with us, and if at such time of closure, the validated Profit in your account is less than INR 10 then the entire amount will be forfeited. If the validated Profit in your account is Rs 250 or above, then you can request payment of the same via any of the Profit Receipt Methods. Profit payments by Cheque carry an additional fee of Rs 30. This is charged by our Bank to cover administration and postage costs. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.
7. Intellectual Property:
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Platform (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 web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Platform, or any of the material which is found on the Platform unless properly licensed to do so by us.
By uploading or including any material on the Platform, 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 our Service and any other interactive services through which we or our sub-licensee make the Service (or a service based on our service) 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.