A more digestible version of Terms & Conditions is available to you in the section "How cash back works". Make sure you get acquainted with the generalized rules written there or read Terms & Conditions below.
Users Digital GmbH (Limited Liability Company based in Hamburg, Germany (“we”) gathers shopping programs (“Providers”) on the site www.moincoins.com, (“Site”) under these Terms and Conditions.
This Agreement constitutes a legally binding agreement between everyone who creates an account (“Member”). If you have a Member Account with us you agree with the Terms & Condition, you agree that you have read and understood them and you agree to be bound by the Terms & Conditions. If you do not agree with the Terms & Conditions, please terminate your account.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
We may, at its sole discretion, modify, update, add, interrupt, delete or otherwise change these Terms at any time. We will inform you via email or a notification within the Site when any changes to the Term are made.
If you continue to use the Site after receiving any such notice, it means that you accept such modifications and agree to be bound by the updated Terms & Conditions. If you do not agree to any changes to these Terms & Conditions you need to stop using the Site or terminate your Member Account. The latest version of these Terms & Conditions are available on the Site and supersede the previous version.
You agree to regularly update your account information on the Site to keep the data complete and accurate. You must log in to the Site and enter your password to change your account information and payment preferences. You can check your account status and recent purchases at any time by using the Site. You will maintain the confidentiality of your and password by which you access the Site. Any use of your username and password will be deemed to be your use. We are entitled to act on instructions received under your password and are not responsible for actions made to your account by someone else who uses your password. If there is a breach of security, you must immediately change your password and notify us of such a breach. Unless you have first notified us immediately of any such breach, we should assume that any activities on the Site using your username and password are yours and have been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.
We acknowledge your Member Account as active if one of the following activities appear within the past twelve months: (a) you have logged in to your Account; (b) you updated your information; (c) you earned or withdrew Cash Back. If your account remains inactive for over 12 months, we reserve the right to terminate your Account and delete it permanently from the Site to avoid maintenance costs on our end.
We reserve the right to investigate any activity in your Account including every purchase transaction and sign up to free bonus Providers. We, in our sole discretion, may decline any pending Cash Back if we believe that it abuses the Provider’s Terms or has been done fraudulently or by returning products after the Cash Back has been credited. Any fraud or abuse related to the Provider or receipt of cash back or other rewards and bonuses by you or anyone acting on your behalf or misrepresentation of any information provided to us may result in the termination of your Account and the forfeiture of any claims regarding your earned Cash Back. If we have any reason to suspect that the fraudulent activity is related to your account, we reserve the right to delay or withhold the Cash Back. Any suspected or actual cases of fraud will be reported and reviewed according to our fraud process.
We would like to be able to address your concerns without a formal legal case. Before filing a complaint against us, you must attempt to resolve the dispute informally by submitting your request through our Support page. We will try to resolve the dispute informally by contacting you in writing via email within maximum 30 days.
Any legal controversy or legal claim arising out of or relating to this Terms & Conditions or the Site, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration following the commercial arbitration rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitrator shall decide if the dispute is arbitrable. The arbitrator shall also decide whether any claim is subject to arbitration.
CLASS ACTION WAIVER: YOU AND US ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION.
The exclusive venue for any dispute or issue arising out of this Terms & Conditions shall be held in Hamburg, Germany, where we are headquartered.
We hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) to access and use the Site for your personal use to access the Providers. You agree that you obtain no rights other than the rights and licenses expressly granted in these Terms & Conditions. We reserve the right to change, upgrade or discontinue any Provider Page or the whole Site and/or any feature of the Site, at any time, with or without notice. All rights not expressly granted under these Terms & Conditions are reserved by us or our licensors.
You agree that you will not, and will not permit others to: (a) damage, interfere with or unreasonably overload the Site; (b) manipulate the code of the Site to interfere with its functionality; (c) access the Site or the Providers by ‘bot’ or electronic agent or other automated means; (d) use scripts or disguised redirects to manipulate the tracking of the Site and Providers; (e) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the Site for any reason; (f) provide any unauthorized third party with access to your Account and therefore the Site; (g) access or attempt to access confidential information written in the code of the Site; (h) interfere with the Site to spread computer worms and viruses; (i) publish any material in any form on the Site defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (j) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site or Provider; (k) use any software, devices or other processes to "scrape," "crawl," "spider" or index any page of Content from the Site.
The Site offers the ability for members to earn cash back (“Cash Back”) on their online purchases with Providers completed through Affiliate Links. We receive a commission for referring buyers to the Providers. Those may be retail stores, brands, merchants. A part of this commission is assigned to the Member Account as Cash Back.
Only Members signed into their Account can receive cash Back. Once you are signed in you use the affiliate links on the Site, you get redirected to Provider’s website and complete your purchase during the same session. If you use incognito mode in your browser or ad blocker the tracking of your transaction may be affected. Please make sure you switch off any measures that block the usage of cookies. Cookies are an essential part of purchase tracking and only when they are enabled the Provider recognizes that the Member came from our Site. It may also happen that the Cash Back will not be assigned to your account if you use a discount code not provided by the Site.
Cash Back is calculated on your net purchase amount. Taxes, fees, shipping, gift-wrapping, discounts or credits, returns, cancellations, and extended warranties are EXCLUDED. Gift card purchases do not qualify for Cash Back.
Products purchased from any Provider listed on the Site are governed by and bound by the applicable seller policies (including applicable exchange and shipping policies). The sellers operate independently and are not under our control. We carry no responsibility for issues like, but not limited to, delayed shipping, discount codes not working, promotions being not applied. You may not receive the Cash Back if the Provider decides to discontinue the cooperation with the Site.
You can earn additional Cash Back when using promotions and bonuses published on the Site that are free of charge for the member. All those kinds of rewarded actions are subject to review. We reserve the right to withhold, deny or cancel your Cash Back for those actions and/or terminate your Member Account if we recognize any fraudulent, abusive, unethical, suspicious, or otherwise inconsistent behavior.
To be able to withdraw your Cash Back you must: (a) have an active Member Account with a valid email address that is also your Paypal email if that’s your preferred withdrawal method. The minimum balance of confirmed earnings on your Member Account must be greater than $5.00. The available withdrawal methods are visible on the Site and might change over time. The Cash Back is paid out within 7 days after you applied for withdrawal. If you choose a withdrawal as a gift card, you agree that they are subject to the terms and conditions of the gift card issuer. We are not responsible for stolen payments, including stolen gift cards. If you choose donation as a withdrawal method, you agree that your contributions made through the Site are not tax-deductible.
In your Member Account Activity, you can see multiple statuses for Cash Back. The pending transactions are tracked but are awaiting the Provider’s approval. The Provider’s approval time varies. For example, the Travel category providers approve the transaction only after you have completed your journey, and retailers in the Fashion category approve the transaction after your deadline for returns has expired. We will update the status of your transactions automatically when we receive the approval. The confirmed transactions are available to be withdrawn if they exceed $5.00. The declined transactions were rejected due to returns, cancellation, or payment issues between you and the Provider. Confirmed transactions that were withdrawn change status to claimed. Confirmed transactions that were donated change status to donated.
If you believe that Cash Back has not been credited to your account, please contact Support within ninety days of the transaction. We will make a claim with the Provider in your name. We may adjust transactions for any Cash Back that we, in its sole discretion, deems as fraudulent, abusive, unethical, or suspicious. Our decisions are final. If you disagree with any adjustments made to your account or payments made to you, your sole remedy is to terminate your Member Account.
We may invite you to provide us feedback, comments, ideas, suggestions, reviews, and other information (‘Feedback’) about our Site. You hereby grant to us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display the Feedback in any media and for any legal purpose, including, without limitation, the right to use such Feedback in advertising and promotional materials and to improve our Site and provided services, as well as the products and services of our Providers.
By creating a Member Account, you sign up to a community that depends on the goodwill and responsible behavior of each member. Members must refrain from disseminating or communicating images or texts that constitute racial defamation, obscenity, sexually explicit content, inflammatory or derogatory comments, or any behavior that may be considered harassing or offensive when using the Site, social media, or other Internet posts regarding the Site. Your Member Account may be terminated if you violate this provision.
All right, title, and interest in the Site and its content belong to us or our licensors. All other trademarks not owned by us that are used on the Site (like Providers’ logos) are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
You agree to indemnify us, our Providers, and their respective officers, directors, employees, successors, agents, and affiliates, for any claims, damages, losses, and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach of this Terms & Conditions or for any materials in any form whatsoever that are provided in your Member Account. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
This Site and its content are provided "as is" without any express or implied guarantee, including but not limited to guarantees of ownership, marketability, suitability for specific purposes, or non-infringement. We do not guarantee the quality, accuracy, completeness, reliability, or validity of the deals or content including but not limited to any Provider description, product availability, Provider’s delivery policies, reviews, comments, etc. We do not guarantee that the function of the Site will not be disturbed or error-free, that defects will be corrected, or that it will be free of viruses or other harmful ingredients. Also, the company does not make any guarantees or make any representations regarding the advertising quality or accuracy of any products or services provided by its affiliated stores or sellers.
To the maximum extent permitted by applicable law are we liable for any special, incidental, statutory, consequential, exemplary, or other indirect damages or any loss of profits or loss of use damages. The maximum cumulative liability for the Member arising from this Terms & Conditions does not exceed thirty dollars or the maximum Cash Back amount that you withdrew within the last year (whichever is greater). This limitation shall apply to any or all liability or cause, whether alleged or caused, including but not limited to negligence, breach of contract, or any other tort, contract, or claim for rights.
The Terms & Conditions are effective when accepted by you at the moment of creating your Member Account and will remain in effect until you or we terminate your membership to the Site. We may terminate your Member Account and suspend your use of or access to the Site at any time, for any reason or no reason. Any violation of this Terms & Conditions Program may result in the termination of your Member Account and forfeiture of pending and approved Cash Back and other rewards. You agree that we will not be liable to you or any third party for any modification, suspension, or termination of your access to the Site or any Provider. If you are dissatisfied with any aspect of the Site at any time, your sole and exclusive remedy is to terminate your Member Account.
These Terms & Conditions constitute the entire agreement between us and you. They govern your use of the Site. These Terms & Conditions supersede any prior versions of the Terms that may have been accepted by you. Only if we expressly confirm in the Terms & Conditions any statement or agreement made or signed elsewhere, whether directly or indirectly, in writing, oral, or in advertising, it is binding. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content, or third-party software.
The validity, construction, and interpretation of these Terms & Conditions, including the rights and duties of the parties, will be governed by the laws of Germany. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement under applicable law.
Headings in the Terms & Conditions are intended only for convenience and shall not affect the interpretation.
A waiver or failure to implement any provision of these Terms & Conditions at one time will not be regarded as a waiver of any other provision or such provision under any other circumstances. If any clause of these Terms & Conditions is deemed invalid, the invalidity will not affect the remaining clauses unless otherwise stated. Without our prior written consent, you may not transfer or otherwise dispose of your rights and obligations under these Terms & Conditions in whole or in part. Without such consent, any such transfer will be invalid. Without your consent, we have the right to transfer or otherwise dispose of these Terms & Conditions.