Ackoo Terms and Conditions

Ackoo, Inc (“Ackoo”) offers, among other things, cashback rewards to Ackoo account holders for purchases made with vendor partners via the Ackoo mobile application. This document outlines your rights regarding your use of Ackoo’s website, mobile application, and other related features or services (collectively, the "Services"). Together with Ackoo’s Privacy Policy, which is incorporated by reference into this contract, the Terms and Conditions (collectively, the “Terms”) is a legally binding contract between you and Ackoo.

  1. Acceptance of these Terms
  2. IF YOU USE THE SERVICES, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND ACCEPT All OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DISCONTINUE THE USE OF SERVICES IMMEDIATELY.

  3. Changes to these Terms
  4. Ackoo reserves the right to modify, update, amend, discontinue, or remove these Terms at any time. Each modification will take effect immediately. The most recent Terms are made available on the website and supersedes previous versions.

    If you do not agree with the Terms, you are to immediately terminate use of Services. Your continued use of Services constitutes acceptance of the Terms.

  5. Use of Services
  6. In order to access or use Services, you must be at least 18 years of age and create an account (“Account”) free of charge by providing relevant information as requested by Ackoo such as your name, email address, mobile phone number, address information, payment information, and other information as may be requested by Ackoo, in its sole discretion, from time-to-time. Ackoo reserves the right to verify your information and determine at its sole discretion whether your information is accurate and acceptable for Ackoo to allow use of the Services. You are authorized to have one Account, and you represent and warrant that all information provided to Ackoo is truthful, accurate, up to date at all times, that you are in good standing with Ackoo and have not been previously suspended, removed, deactivated, or banned from the Services, and that your use of the Services is in compliance with any and all laws and regulations. You are solely responsible for maintaining your account and ensuring the confidentiality of your account and log-in information. You agree to accept responsibility for any and all activities authorized or performed using your account, whether authorized by you or not. If, at any time, you have reason to believe that your account security is compromised for any reason you agree to notify us immediately.

  7. Rewards
  8. Subject to these terms, Ackoo may make available to you certain rewards, such as cashback, when you make a qualifying purchase from a vendor partner on the Ackoo application. Ackoo in its sole discretion will determine whether or not you have satisfied the requirements to qualify for certain rewards.

    • Pending and Available Balance
    • After purchase confirmation, cashback appears as Pending Balance. Once the purchase has cleared the vendor-specific return and/or refund policy, it will become Available Balance. Depending on the vendor, the purchase confirmation may take anywhere from a few minutes to a few days to show up in our system. If, after one week, you still don't see an update to your pending balance, please email [email protected] with your order details within a maximum of 30 days from the date of purchase.

    • Bonuses
    • Ackoo may from time-to-time offer certain bonuses or incentives, including but not limited to “Welcome Credit” and “Refer-a-Friend”. Ackoo, in its sole discretion, will determine whether you qualify for such bonuses and reserves the right to decline to award the bonuses, rescind previously awarded bonuses, demand repayment of awarded bonuses, or take other remedial actions that Ackoo may find appropriate.

      “Welcome Credit” will be available and valid for 30 days after creating your Account.

  9. Redemption of Cashback
  10. Cashback credit may be redeemed for gift cards within the Ackoo app. Cashback credit may not be redeemed in any other form. Cashback credit has no monetary value and does not constitute any monies held on your behalf by Ackoo.

  11. Restrictions and Exclusions
  12. Any or all of the following may prevent or cancel the award of cashback credit.

    • Additional discount codes
    • Unless displayed inside the Ackoo app, the use of additional discount codes or coupons at the time of checkout may exclude the purchase from cashback rewards.

    • Visiting other Apps & Websites
    • Qualifying purchases must be made during the same session that starts when you click on the vendor partner’s link inside the Ackoo app. Visiting other mobile apps or websites before completing the purchase may result in that purchase being associated with another service other than Ackoo Services and may result in failure to earn a reward on that purchase.

    • Returns, exchanges & cancellations
    • Upon returns, exchanges, or cancellations the cashback credit will subsequently be canceled or modified.

    • Disabling cookies
    • If you disable cookies, you may not be able to earn cashback because cookies are often used to authenticate and verify that the user has made a qualifying purchase.

    • Exclusions
    • Depending on the vendor partners, certain products and services may be excluded from any rewards or may have varying rewards amounts based on the products and services themselves or the user status (new or old customer). A list of vendor partner-specific terms are available for each vendor partner link inside the Ackoo application and are subject to change without notice.

    • Reseller, fraudulent, or prohibited activities
    • Engaging in reseller, fraudulent, or prohibited activities as defined in Section 7 will result in the cancellation of cashback credit and the termination of the user account.

  13. Prohibited Activities
  14. The following activities are strictly prohibited. Violation will immediately result in termination of the account and may result in future prohibition of use of Services.

    • Submitting personal information that is false or inaccurate.
    • Impersonating any person or entity, falsely claiming an affiliation with any person or entity, or performing similar fraudulent activity.
    • Exploiting or attempting to exploit Ackoo’s referral bonus program, including but not limited to inviting yourself to join Ackoo using another account.
    • Redeeming, or attempting to redeem credit for items that have not been purchased or for products that have been purchased but returned following purchase.
    • Extracting information from Ackoo’s web or mobile applications for use with other services
    • Removing, circumventing, disabling, or interfering with any security-related features of the Service.
    • Infringing the copyright or other proprietary rights of the Service or of any third-party partners, including but not limited to attempting to discover the source code of the Services.
    • Interfering with or damaging the operation of the Service, by any means including but not limited to overloading the system, disseminating viruses, adware, spyware, worms, or other malicious code.
    • Using the Service for any illegal purpose, or in violation of any local, national, or international law.
  15. Termination
  16. Cashback accumulated in your account and/or attributable to your account will expire and will be considered cancelled if your account remains inactive for a period that exceeds 1 year.

    Ackoo reserves the right to suspend or terminate your account in accordance with the Terms or when necessary or reasonable to comply with or satisfy any laws, regulations, or court orders. Upon termination all cashback and/or other rewards attributed to you will be cancelled.

  17. Intellectual Property Rights
  18. Unless otherwise indicated, the Services is our proprietary property and all source code, databases, functionality, software, website designs, mobile applications, audio, video, text, photographs, and graphics on the Services (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

    The Content and the Marks are provided on the Services “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

    Provided that you are eligible to use the Services, you are granted a limited license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Services, the Content and the Marks.

  19. Additional Terms and Other Third-party Partners
  20. Ackoo Services are made available in collaboration with third-party partners. As part of Services, Ackoo provides access to vendor partners and redemption of cashback credit in the form of gift cards. Each of these third-party partners carries its own Terms and Conditions, as well as Privacy Policies. As a user of Ackoo Services, you are bound by these additional Terms set by the relevant third-party partners.

  21. Disclaimers
  22. YOU AGREE THAT YOUR PARTICIPATION IN THE SERVICE AND USE OF THE ACKOO PLATFORM ARE AT YOUR OWN RISK. NEITHER THE COMPANY, NOR ITS SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, OR AGENTS WARRANT THAT THE SERVICE AND ACKOO PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND ACKOO PLATFORM OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE THE SERVICE AND ACKOO PLATFORM. THE SERVICE AND ACKOO PLATFORM ARE PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INSTALLATION AND USE OF SERVICE AND ACKOO PLATFORM DO NOT ENSURE THAT IT WILL RUN WITHOUT ERROR OR THAT IT WILL NOT OTHERWISE CAUSE HARM TO YOU, YOUR CUSTOMERS, END-USERS, OR PARTICIPATING CARRIERS. IN NO EVENT WILL ACKOO NOR ITS SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OF YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE AND ACKOO PLATFORM, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. IN NO EVENT, SHALL ACKOO AND EACH OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS, OR AGENTS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU TO ACKOO FOR PARTICIPATION IN THE SERVICE AND ACKOO PLATFORM IN THE PRIOR THREE (3) MONTHS. THIS PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

  23. Indemnification
  24. You agree to indemnify Ackoo, vendor partners, and any other third-party partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, from and against any loss, cost, or damage of any kind (including reasonable outside attorneys’ fees) arising from the use of the Services to the extent arising out of your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username/email and/or password).

  25. Dispute Resolution
  26. You and Company agree to arbitrate any and all disputes, claims, or controversies arising out of, in connection with, or relating to this Agreement, Company’s business, any of the Services or the Company Properties, and relationship with you, including any claims that may arise after the termination of this Agreement. This agreement to arbitrate includes any claims against Company’s employees or agents. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding in state or federal court. It uses a neutral arbitrator instead of a judge or jury and the arbitrator’s decision is subject to limited review by courts. In the interest of resolving disputes between you and Ackoo in the most expedient and cost-effective manner, you and Ackoo agree that any and all disputes arising in connection with these Terms shall be resolved by arbitration. You agree that disputes arising under these Terms will be resolved by individual arbitration, and by accepting these terms, you are waiving the right to a trial by jury or to participate in any class action or representative proceeding. You agree to give up your right to go to court to assert or defend your rights under this contract.

    You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate.

  27. Limitations of Liability
  28. To the maximum extent permitted by applicable law, in no event shall Ackoo be liable for any special, incidental, consequential, exemplary, punitive, or other indirect damages or for any loss profits, loss data, or loss of use damages, even if it has been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Ackoo’s maximum aggregate liability arising out of this agreement will not exceed $100 USD.

  29. Agreement
  30. These Terms and Conditions, together with the Privacy Policy constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior agreements and representations, written or oral. We reserve the right to modify this Agreement at any time. Your active Ackoo account or use of Ackoo services shall be considered your acceptance and consent to abide by any terms thereof.