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In order to redeem deals with Pushkart, you need to register, follow the simple instructions to add at least one of your social networks, and then download our mobile app, which will allow you to redeem deals at the point of purchase


 

 

 

 

IMPORTANT NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. This Terms of Service ("Agreement") is a legal agreement between you (either an individual or entity, referred to herein as "you" or "your") and Pushkart, LLC ("Pushkart" or "us") for access to and use of Pushkart software, services and websites (referred to collectively as the "Services" and excluding any services provided to you by Pushkart under a separate written agreement).

YOU MUST ACCEPT THIS TERMS OF SERVICE AGREEMENT BEFORE ACCESSING OR OTHERWISE USING THE PUSHKART SERVICES. BY CLICKING "I AGREE", YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT ACCESS OR USE THE SERVICES.

YOU REPRESENT THAT YOU ARE NOT A MINOR IN YOUR STATE OF RESIDENCE AND THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. SPECIFICALLY, WITHOUT ACTING AS A LIMITATION, IF YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO BIND SUCH LEGAL ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND, DO NOT CLICK "I AGREE" AND DO NOT ACCESS OR USE THE SERVICES.

  • The Services. The Services enable persons who have registered as members with Pushkart ("Members") to take advantage of various incentive offers such as rewards and discounts ("Deals") made available by brands and marketers ("Businesses") to Members provided that such Members republish Business's messages, offers, and advertisements ("Messages") on their third party social network services or pages ("Social Network Feeds"). Messages published on a Member's Social Network Feeds may be viewable by such Member's friends and followers (each, a "Connection"). A Message together with a Deal is referred to herein as a "Campaign." Campaigns may be communicated to Members on Pushkart's website available at http://www.pushkart.com (the "Website"), via Pushkart's mobile device applications ("Mobile Apps"), and, on certain Business' online points of sale ("Online POS") and retail points of sale ("Retail POS"). A Member's Social Network Feeds, the Website, Mobile Apps, Online POS and Retail POS are collectively referred to herein as the "Network".
  • Use of Services by You.
    • The Services enable you to publish Business's Messages on your Social Network Feeds. You agree that publication of Messages on your Social Network Feeds is governed by the terms of use and privacy policies applicable to such third party sites and, as between Pushkart and you, you are solely responsible for compliance therewith in all respects. You hereby grant Pushkart the right to access your Social Network Feeds to facilitate the publication of Messages thereon.
    • You acknowledge and agree that all Messages posted on your Social Network Feeds will include a tagline notice (e.g., "Paid Post via Pushkart") in a form and substance determined solely by Pushkart. Please note that in connection with each Campaign in which you choose to participate, only one Message is required to be posted on your Social Network Feeds. Any further commentary you choose to publish online will not be reviewed by Pushkart, and, to the extent you provide any further commentary regarding Messages or Businesses, you agree to comply with applicable law, including making any required disclosures regarding your relationship with Businesses (e.g., disclosing that you received discounts from a Business).
    • You acknowledge and agree that Pushkart does not guarantee that Deals will be honored by Businesses.
    • Release. In the event that you have a dispute with one or more Businesses, or with any of your online social networks, you release Pushkart (and our officers, directors, members, managers, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.".
    • You acknowledge and agree that, subject to the disclaimer of warranties and limitation of liability set forth in this Agreement, your use of the Services, including, without limitation, the storage of any data, files, information and/or other materials on a server owned or under the control of Pushkart or in anyway connected to the Services, shall be at your sole risk and responsibility and Pushkart shall have no obligation to back-up such data, files, information and/or other materials. Pushkart expressly reserves the right to limit storage capacity and to remove and/or delete any data, files, and/or other information stored or used in connection with the Services that Pushkart deems, in its sole discretion, to be in violation of this Agreement and/or any local, state, or federal law or regulation.
    • In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Pushkart will always be accurate, correct and up to date. See Section 11 for information regarding how Pushkart treats your personal information.
    • You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
    • You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
    • You agree that you are solely responsible for (and that Pushkart has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Pushkart may suffer) of any such breach.
    • You agree that you will not create or attempt to create multiple user accounts.
  • Restrictions on Use of Services. You agree NOT to: (i) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement and/or any and all applicable local, state and federal laws and regulations and international treaties; (ii) use the Services for the distribution, housing, processing, propagation, storage, or otherwise handling in any way abusive, defamatory, harassing, libelous, lewd, libelous, obscene, pornographic, threatening, or tortuous material, or any false or misleading material, or any other material (including links to such material) that Pushkart deems, in its sole discretion, to be objectionable whether or not such material is unlawful; (iii) permit or otherwise enable unauthorized users to access and/or use the Services; (iv) use the Services to export software or data in violation of applicable U.S. laws or regulations; (v) sell, rent, lease, loan, distribute, transfer, sublicense, or otherwise permit any third party to use or have access to the Services for any purpose (except as expressly permitted by Pushkart), whether by timesharing, service bureau, networking or any other means; (vi) remove any copyright, trademark, patent or other proprietary notices from the Services or any portion thereof; (vii) distribute, publish, exhibit, or otherwise use the Services, or any portion thereof, in any manner and for any purpose not expressly permitted under this Agreement; (viii) frame or utilize framing techniques to enclose the Services, or any portion thereof; (ix) exploit the Services or collect any data incorporated in the Services in any automated manner through the use of bots, metaspiders, crawlers or any other automated means; or (x) register as a user of the Services by providing false, inaccurate, or misleading information.
  • Provision of Services by Pushkart. Pushkart is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Pushkart provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Pushkart may decline to provide you access to the Services or stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Pushkart's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Pushkart when you stop using the Services. You acknowledge and agree that if Pushkart disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
  • Access to Services; Reservation of Rights.
    • Pushkart hereby gives you a personal, worldwide, non-assignable and non-exclusive right to access and use the Services in the manner and for the purposes expressly permitted by the Agreement. You agree not to copy, decompile, reverse engineer, disassemble, modify, create a derivative work of, display in human readable form, attempt to discover any source code, or otherwise use any software that enables or comprises any part of the Services. You may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Services and any such attempt shall be null and void at the time of such attempt.
    • Pushkart reserves all right, title and interest in and to the Services not expressly granted to you under this Agreement, including, without limitation, all patent rights, copyrights, trademarks, trade names, trade secrets, trade dress and other intellectual property and proprietary rights. There are no implied licenses under this Agreement.
  • Your Password and Account Security. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Pushkart for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Pushkart immediately at contact@pushkart.com.
  • Content in the Services. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".
    • You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the Businesses, sponsors or advertisers who provide that Content to Pushkart (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Pushkart or by the owners of that Content, in a separate agreement.
    • Pushkart reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content.
    • You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
    • You agree that you are solely responsible for (and that Pushkart has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Pushkart may suffer) by doing so.
  • Intellectual Property.
    • You acknowledge and agree that Pushkart (or Pushkart's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). The Services include, without limitation, all rights with respect to copyrights, patents, trademarks, service marks, moral rights, trade names, domain names, technology, mask works, know-how, design rights, trade dress, trade secrets, inventions, ideas, processes, formulas, source code and object code, data, and similar rights including the information in any application, registration, or renewal thereof that may be protected under the intellectual property laws, regulations, or rules of any country. Without limiting the foregoing, all data, graphics, icons, images, logos, text, and the compilation of all content therein, and all service marks, trademarks, trade names, and trade dress depicted on the Services are owned by Pushkart (or Pushkart's licensors).
    • Other than the limited license set forth in Section 9, Pushkart acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this Agreement in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Pushkart, you agree that you are responsible for protecting and enforcing those rights and that Pushkart has no obligation to do so on your behalf.
    • You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
    • You agree that in using the Services, you will not use any trademark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
  • Content License from you.
    • You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Service. By submitting, posting or displaying the Content you give Pushkart a worldwide, perpetual, irrevocable, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit or post on or through the Services.
    • In connection with Content you submit to the Pushkart Services, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pushkart to use such Content in the manner contemplated by the Services and these Terms of Service. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to post the material and to grant Pushkart all of the license rights granted herein.
    • You understand that Pushkart, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Pushkart to take these actions.
    • You confirm and warrant to Pushkart that you have all the rights, power and authority necessary to grant the above license.
  • Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such copyright owner's behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Pushkart actual knowledge of facts or circumstances from which infringing material or acts are evident. Pushkart's copyright agent for notice of claims of copyright infringement can be reached as follows:

    Name: Mark Ferdman
    Address: Pushkart, 20 Jay Street, Suite 830, Brooklyn, New York, 11201
    Telephone: 212.681.8700
    Email: mark@pushkart.com

    We suggest that you consult your legal advisor before filing a notice with Pushkart's copyright agent. You should note that there can be penalties for false claims under the DMCA.
  • Privacy Policy. For information about Pushkart's data protection practices, please read Pushkart's privacy policy at http://www.pushkart.com/privacy. This policy explains how Pushkart treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with Pushkart's privacy policy.
  • Beta Members. If the Services are made available to you as part of a beta program for trial and evaluation ("Beta Services"), you acknowledge and agree that such Beta Services: (i) are provided for evaluation purposes only; (ii) may change or cease to be functional without notice at the sole discretion of Pushkart; and (iii) shall not create any obligation for Pushkart to continue to develop, support, repair, offer for sale, or in any other way continue to provide to you or to any other party the Services.
  • Changes to Agreement. Pushkart reserves the right to change, amend and/or modify this Agreement, in whole or in part, at any time with or without notice. You hereby acknowledge and agree that such changes, amendments and/or modifications will become effective when posted on the Services or as otherwise provided by Pushkart. From time to time, Pushkart may post on the Website or otherwise notify you of additional or different rules and policies relating to the Services. These rules and policies shall thereafter be part of this Agreement. If you use the Services after the posting or other notice of changes in this Agreement or changed rules or policies, you are agreeing to follow and be bound by them for such use.
  • NO WARRANTIES. THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HAVE NO CONTROL OVER AND MAKE NO REPRESENTATIONS AS TO THE QUALITY, SAFETY, OR LEGALITY OF MESSAGES AND DEALS, THE TRUTH OR ACCURACY OF MESSAGES AND DEALS, THE ABILITY OF BUSINESSES TO MAKE DEALS, OR THAT A BUSINESS WILL ACTUALLY HONOR ANY DEAL OFFERED OR TRANSMITTED THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PUSHKART EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PUSHKART DOES NOT WARRANT THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY PUSHKART IN CONNECTION WITH YOUR USE OF THE SERVICES, NOR THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DATA, FILES, AND/OR OTHER INFORMATION STORED ON A SERVER OWNED OR UNDER THE CONTROL OF PUSHKART OR IN ANY WAY CONNECTED WITH THE SERVICES, WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN DISCLAIMERS OR LIMITATIONS OF WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. ANY MATERIAL DOWNLOADED OR REPUBLISHED ON YOUR SOCIAL NETWORK FEEDS OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF ACCESS TO YOUR SOCIAL NETWORK FEEDS OR DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR REPUBLICATION OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PUSHKART OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
  • LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PUSHKART, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR THIRD PARTY LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE SERVICES PROVIDED HEREUNDER, EVEN IF PUSHKART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, RECKLESSNESS, PROFESSIONAL NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS OR LEGAL THEORY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT THE DAMAGES ARISE DIRECTLY OR INDIRECTLY FROM: (i) THE USE OR MISUSE OF, OR RELIANCE UPON, THE SERVICES PROVIDED HEREUNDER; (ii) THE INABILITY TO USE THE SERVICES FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, OR DESTRUCTION; (iii) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES OR THE LOSS OF ACCESS TO YOUR SOCIAL NETWORK FEEDS; OR (iv) THE DELETION AND/OR CORRUPTION OF ANY DATA, INFORMATION, DOCUMENTS, FILES AND/OR ANY OTHER MATERIALS STORED ON A SERVER OWNED OR UNDER THE CONTROL OF PUSHKART OR IN ANY WAY CONNECTED TO THE PUSHKART SERVICES. SUCH LIMITATION ON LIABILITY SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
  • Indemnification. You agree to release, indemnify and hold harmless Pushkart, its affiliates, directors, members, officer, employees, agents and third party licensors, from and against any and all liabilities, losses, damages, claims and expenses, including attorneys' fees, with respect to your or any third party's use or misuse of, or reliance upon, the Services or your breach of this Agreement.
  • Term and Termination. This Agreement is effective until terminated by Pushkart or You. Pushkart shall have the right to terminate this Agreement including, without limitation, your right to access and use the Services, at any time in Pushkart's sole discretion and without advance notice to you. The licenses granted herein shall automatically terminate without advance notice if you fail to comply with any material provision of this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease using the Services.
  • Governing Law and Venue. This Agreement shall be governed by the laws of the State of New York without giving effect to conflict or choice of law principles, and any litigation between the parties arising under this Agreement shall be conducted exclusively in state or federal courts located in the State and City of New York. The parties agree that "United Nations Convention on Contracts for the International Sale of Goods" shall not apply to this Agreement.
  • Severability. If any provision in this Agreement is invalid or unenforceable or contrary to applicable law, such provision shall be construed, limited, or altered, as necessary, to eliminate the invalidity or unenforceability or the conflict with applicable law, and all other provisions of this Agreement shall remain in effect.
  • No Assignment, Sublicense or Transfer. You may not assign, sublicense, or transfer this Agreement or any rights or obligations hereunder without prior written consent of Pushkart. Any such attempted assignment, sublicense, or transfer will be null and void and Pushkart, in its sole discretion, shall have the right to immediately terminate this Agreement.
  • Communications by Pushkart. You agree that Pushkart may communicate with you electronically. Such electronic communications may consist of e-mail or other notices posted on the Services. You agree that all agreements, notices, disclosures, and other communications Pushkart sends to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.
  • Entire Agreement. This Agreement sets forth the entire understanding and agreement between the parties relating to its subject matter and may be amended only in a writing signed by both parties. Any waiver of or promise not to enforce any right under this Agreement shall not be enforceable unless evidenced by a writing signed by the party making said waiver or promise. ANY TERMS AND CONDITIONS OF ANY PURCHASE ORDER OR OTHER DOCUMENT SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES THAT ARE IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE NOT BINDING ON PUSHKART AND ARE INEFFECTIVE. NO VENDOR, DISTRIBUTOR, DEALER, RETAILER, AGENT, SALES PERSON, OR OTHER PERSON IS AUTHORIZED BY PUSHKART TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRESENTATION, OR PROMISE THAT IS DIFFERENT THAN OR IN ADDITION TO THE WARRANTIES, REPRESENTATIONS, OR PROMISES EXPRESSLY SET FORTH IN THIS AGREEMENT.
By clicking on "Sign Up" below , you agree to the Terms of Service and the Privacy Policy.

Privacy

Pushkart™ collects personally identifiable information to provide you with Services and to administer your membership. Pushkart™ is very concerned about safeguarding the confidentiality of your personally identifiable information.

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