Terms and Conditions

Gainly is engaged in the business of providing customized offers on behalf of merchants to its customers in the form of rewards based on their spend via the Gainly app (“Services”). The following terms and conditions govern your access and use of the system and all information, content, services, and functionality available at or through the mobile application and/or the website, https://gainly.io/ (“Platform”). This Platform is owned and operated by Gainly (“Gainly,” “we,” “us,” or “our”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PLATFORM. By visiting our Platform, you agree to be bound by the following terms and conditions (“Terms and Conditions”) and Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Platform, including without limitation users who are merchants, customers, service providers, and/or contributors of content (“you” or “Users”). If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Platform and Services and you must discontinue use immediately. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

We may make changes to these Terms of Service, Platform, or the Services to meet our users’ needs and/or for our business priorities at any time. We will never charge you for the website or its services without making it very clear to you exactly what you’re paying for. The updated version of these Terms of Service will be indicated by an updated revised date and the updated version and/or the changes in the Services will be effective when posted. You are responsible for visiting this Platform and staying informed of all the updates. Your continued use of the Platform represents that you have accepted such changes.

If you have any questions concerning the Terms of Service, please contact us by sending an email to [email protected].

You are required to provide your accurate personal information including but not limited to first name, phone number, address, and email address at the time of registering for the Service. This will help us in providing better Services, assisting you with your query, and also in associating a relationship with us. You will be informed about the important updates of the Services referring to these details only. Apart from the personal information mentioned herein above, Gainly shall also access your IP address and location data to understand your preferences on our Platform and by displaying Services that may be relevant to you. The personal information of the Users shall be processed as per our Privacy Policy.

At the time of Registration:

You will need to sign up on our mobile application and create an account to avail the Services. You can also register by sharing your Personal Information to avail the Services through the use of your social media accounts like Facebook and Gmail. This will help in associating a relationship with us and is required for future reference purposes. You will be informed about the important updates of the Services referring to these details only. All your information will be kept with Gainly and can be shared with our business affiliates and partners who shall assist us in providing you with the relevant Services. The personal data of the Users shall be processed as per our Privacy Policy.

How Gainly Works:

Gainly provides bespoke rewards to its users based on their frequency of visits via the app.
The rewards are offered by the merchants who are listed on the Gainly app.
Customers can redeem these rewards whenever they visit by using the Gainly app.

Disputes and Cancellations

In case any dispute arises between the Users while communicating, we encourage our Users to try and settle conflicts amongst themselves. If for any reason this fails, Users can contact Gainly’s customer support department for assistance by reaching out to us.

Information Communication:

The User consents to receiving marketing emails on their registered email address from time to time which informs the Users of information including but not limited to Service updates and even new features that are added to the Platform including offers and promotions that may be of your interest through push notifications and/or the registered email.

Acceptable Use

You may not access or use the Platform for any purpose other than that for which we make the Platform and our Services available. In addition, the User agrees to sign up using only one account and device for claiming the rewards. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of this Platform, you agree not to:
Systematically retrieve data or other content from the Platform to compile a database or directory without written permission from us.
Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of other Users to send unsolicited email or creating user accounts under false pretenses.
Use the Platform to advertise or sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
Engage in unauthorized framing of or linking to the Platform.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services, or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Platform or the networks and services connected to the Platform.
Attempt to impersonate another user or person, or use the username of another User.
Sell or otherwise transfer your profile.
Use any information obtained from the Platform to harass, abuse, or harm another person.
Use the Platform or our Services as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
Attempt to access any portions of the Platform that you are restricted from accessing.
Harass, annoy, intimidate, or threaten any of our employees, agents, or other Users.
Delete the copyright or other proprietary rights notice from any of the content.
Copy, modify, or adapt the Platform’s software, including but not limited to HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Platform, or any material that acts as a passive or active information collection or transmission mechanism.
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
Use the Platform in a manner inconsistent with any applicable laws or regulations.
Misrepresent experience, skills, or information about a User.
Falsely imply a relationship with us or another company with whom you do not have a relationship.
Engaging in exchange of adult-oriented or pornographic materials and services.
Exchange of rude, abusive, improper language, or violent messages while interacting.

Ownership of Content and Intellectual Property Rights

Gainly owns the Platform and all Services and content therein except for content posted by the Users (“User Content”) and all worldwide intellectual property rights relating to the foregoing. Except as expressly authorized by Gainly, you will not copy, distribute, sell, lease, perform, display, sublicense, modify or prepare derivative works of the Platform, in whole or in part. Gainly reserves all rights not expressly granted to you under these Terms of Service. All Content on the Platform is protected by applicable copyright laws. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on the Platform or accessed through the Services. Any use of the Platform not expressly permitted by these Terms of Service will be deemed a breach of these Terms of Service and may violate copyright, trademark, and other laws.

To the extent that you provide us with any suggestions, feedback, or other information relating to our business or the Services (including, but not limited to, suggested new Services or improvements to existing Services), such information is provided to us on a non-confidential and unrestricted basis, and you hereby grant to Gainly a non-exclusive, worldwide, perpetual, royalty-free, fully transferrable and sublicensable right and license to reproduce, display, distribute, use, and fully exploit such suggestions, feedback, and information.

Modifications to and availability of the Platform and Services

We reserve the right to change, modify, or remove our content at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
We cannot guarantee the Platform and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. You agree that Gainly has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform or Services during any downtime or discontinuance of the Platform or Services. Although we will try our best, we are not obliged to maintain and support the Platform or Services or to supply any corrections, updates, or releases.
Individual merchants partnered with Gainly have the ability to change their reward levels, periods, and percentages without prior consent from the user.
Users agree that merchants partnered with Gainly shall have the right to refuse to provide the rewards or their services to you in case of any kind of reasonable non-cooperation from you while obtaining the Services including but not limited to displaying proof of the earned reward to the merchant when asked to.
Gainly may set fixed upper limits on the number of redeems or transactions with or without prior notice to you.
There may be information on the Platform that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

Termination of our Services

We may also wish to stop providing the Services via Platform and may terminate use of it at any time without giving notice of termination to you. You hereby agree that Gainly has the right to suspend or terminate your account anytime at its sole discretion should you be found violating the terms stipulated in this document. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these Terms will end; (b) you must stop using the Platform.

Liability

Gainly and all its officers, directors, employees, affiliates, and agents assume no liability or responsibility for, and in no event shall Gainly, its officers, directors, employees, affiliates, or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the Platform, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or any errors or omissions in any submission(s) or other content made available by Gainly, or for any loss or damage of any kind incurred as a result of the use of any submission(s) or other content posted, emailed, transmitted, or otherwise made available via the Platform, any use of services provided by merchants partnered with Gainly whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. You understand and agree that the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Gainly does not warrant, endorse, guarantee, or assume responsibility for any Service advertised or offered by a third party through the Platform or any hyperlinked Platform or featured in any advertising, and Gainly will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services.

You specifically acknowledge that you will be responsible to conduct due diligence in obtaining services from merchants partnered with us and ensure to visit the correct outlets for redeeming the rewards accrued via Gainly app. Gainly shall not be liable for User submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnification

You undertake to indemnify and hold Gainly harmless from and against all claims, losses, liabilities, expenses, damages, and costs, including, without limitation, legal costs, arising from or relating to User content, your unauthorized use or conduct of the Platform or any violation of the relevant policies, including but not limited to these Terms of Service, any applicable law(s) and regulations or rights of any third party(ies).

Gainly reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gainly defense of such claim.

Refund Policy

All subscriptions to Gainly’s services are non-refundable. We do not provide refunds for any reason, including but not limited to unused services, dissatisfaction, or changes in business circumstances.

General

Visiting the Platform and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via e-mail and on the Platform, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Platform. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
These Terms of Service and any policies or operating rules posted by us on the Platform or in respect to the Services constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Service or use of the Platform or Services.