Zyla Cashback Promotion Terms & Conditions

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These terms and conditions (these “Terms and Conditions”) govern the Promotion (as defined below). By participating in the Promotion, you confirm that you accept these Terms and Conditions and agree to comply with them.

1. Definitions and Interpretation

In these Terms and Conditions, the following words and expressions shall have the following meanings:

1.1 “Cashback Reward” shall have the meaning given to such term in clause 2;

1.2 “Promotion” shall have the meaning given to such term in clause 2;

1.3 “Promotion Period” shall have the meaning given to such term in clause 3.;

1.4 “Reward Criteria” shall have the meaning given to such term in clause 1;

1.5 “Zyla Account” means the Zyla multi-currency digital wallet provided by AUS;

1.6 “AUS” shall mean AUS Merchant Services, Inc. (or, if you are located in Nevada, AUS (Nevada) Merchant Services, Inc.), which is a licensed money transmitter as set forth in https://global.alipay.com/doc/platform/qd977g and a registered Money Services Business with FinCEN; and

1.7 “Zyla Account Terms” means the prevailing terms and conditions, including the privacy policies, governing the Zyla Accounts.

 

2. Description of the Promotion

During the Promotion Period, a Zyla customer that is registered in the countries or regions supported by the account service offered by AUS and satisfies the Reward Criteria may be eligible to receive the Cashback Reward (the “Promotion”).

 

3. Promotion Period

The “Promotion Period” begins at 00:00:01 on April 15th, 2024 to 23:59:59 on June 30th, 2024 (United States Pacific time), both days inclusive.

 

4. Cashback Reward

4.1 A Zyla customer may be eligible to receive the Cashback Reward, provided:

a. such person was not an existing Zyla customer and had not applied for a Zyla Account immediately preceding the Promotion Period; and

b. during the Promotion Period, such person receives funds into its Zyla Account from:

(1) one or more of the following e-commerce platforms: Etsy, TikTok, Amazon, eBay, Fruugo, Walmart, Wayfair, Mercado Libre; and/or

(2) the following payment service provider: Shopify payments and Stripe,

in an aggregate amount of at least USD 1,000.00 (or an equivalent amount in a different currency or currencies) (the “Transaction Threshold”). Funds will only be considered as having been received into the person’s Zyla Account when such funds have been received by AUS and/or an affiliate of AUS and credited to such person’s Zyla Account, and such payments have not been canceled, charged back or disputed within 30 days of completion,

(collectively, the “Reward Criteria”).

4.2 The “Cashback Reward” is a cashback reward in the amount of 5% of the amount of funds received into the Zyla Account of the relevant Zyla customer pursuant to clause 4.1 above, up to a maximum amount of USD 200.

4.3 The Cashback Reward shall be credited to the relevant Zyla customer’s United States dollar (“USD”) denominated Zyla Account in USD by July 31st 2024, subject to the relevant Zyla customer satisfying the Reward Criteria and successfully passing AUS’s review process. Such USD account must be valid, open and functioning, and must not be suspended, canceled, and/or terminated, at the time the Cashback Reward is credited to such account.

4.4 AUS has the sole discretion to delay the crediting of the Cashback Reward for any reason that it deems appropriate, including for the purposes of assessing the eligibility of the relevant Zyla customer.

4.5 The Cashback Reward is not transferable or exchangeable for cash, credit, products, or privileges or other benefits or payments in kind, whether in full or in part, and is not refundable or replaceable.

4.6 Should AUS determine, in its sole discretion, that a Zyla customer is not eligible to receive the Cashback Reward or to participate in the Promotion for any reason (including but not limited to a breach of these Terms and Conditions or any applicable laws or regulations, improper use of any information relating to the Promotion, fraud, attempted fraud, or any other illegal or illegitimate activity), or where AUS has knowledge of subsequent events which would mean that the Zyla customer would not have been entitled to receive the Cashback Reward (including but not limited to where the transactions of such Participant were reversed or refunded), AUS has the right to disqualify such Participant and shall not be liable to any such Zyla customer. AUS further reserves the right to claw back the Cashback Reward or to deduct the value of the Cashback Reward from the Zyla customer’s Zyla Account.

 

5. Further Terms

5.1 AUS reserves the right to, in its sole discretion, determine and/or decide all matters relating to or arising in connection with the Promotion and/or these Terms and Conditions without prior notice. Any such determination and/or decision will be final and binding.

5.2 To the extent permitted by applicable law, AUS reserves the right to amend the terms of the Promotion, and/or to suspend or cancel the Promotion at any time, without liability to any party. AUS also reserves the right to extend the Promotion Period in its discretion and these Terms and Conditions shall apply to any such extended Promotion Period. Any amendments to the Promotion will be published on the Promotion webpage and/or notified to users in an appropriate manner. Following any change or amendment to these Terms and Conditions, a Zyla customer continued participation in the Promotion constitutes its acceptance of the amended Terms and Conditions and the Promotion in force at that time.

5.3 Unless otherwise specified, any transaction amount will be subject to the final amount set out in the transaction record shown on the Zyla Account statement.

5.4 The opening of a Zyla Account and transactions using a Zyla Account are subject to standard compliance requirements and due diligence.

5.5 Each participant warrants that:

5.5.1 it is legally able to participate in the Promotion according to the laws and regulations applicable to it and has all required authority to do so;

5.5.2 to the best of its knowledge, all information disclosed by it to AUS is complete, true and accurate;

5.5.3 it consents to participate in the Promotion in the capacity of participant and consents to the use and sharing of its personal data by AUS in accordance with AUS’s privacy policy and applicable laws for the purpose of this Promotion; and

5.5.4 it will not use the Promotion in any way that AUS (in its sole and absolute discretion) considers to be unreasonable, unethical, excessive, or in bad faith; or in any way that breaches any applicable local, national, or international law or regulation, or that is in any way unlawful, fraudulent, or wrongful, or has any unlawful, fraudulent, or wrongful purpose or effect.

5.6 Persons participating in the Promotion shall bear all expenses arising from and/or in connection with participating in the Promotion.

5.7 Any clauses in these Terms and Conditions determined by any court or other competent authority to be unlawful and/or unenforceable will be treated as severed from these Terms and Conditions and will not invalidate other clauses of these Terms and Conditions which will continue in full effect.

5.8 These Terms and Conditions are made for the benefit of AUS and the Zyla customer, and are not intended to benefit any third party or be enforceable by any third party.

5.9 AUS reserves the right, at its sole discretion, to refuse a claim in connection with the Cashback Reward if it has reasonable grounds to believe that any of the relevant Participants has:

5.9.1 breached these Terms and Conditions;

5.9.2 misused AUS’s intellectual property rights including trademarks and/or materials;

5.9.3 made any misrepresentations (negligently or fraudulently);

5.9.4 abused the Promotion; and/or

5.9.5 engaged in any illegal or criminal activity including fraud in connection with the Promotion or any application for AUS services.

5.10 The Zyla Account Terms shall apply to a user and are to be read together with these Terms and Conditions. Please refer to the Zyla Account Terms for further information. In the event of any conflict or inconsistency between these Terms and Conditions and any of the Zyla Account Terms, these Terms and Conditions shall prevail only to the extent of matters relating to the Promotion. In the event of any conflict or inconsistency between these Terms and Conditions and any terms set out in any marketing materials prepared for the Promotion, these Terms and Conditions shall prevail. While all information provided herein is believed to be correct and reliable at the time of printing or publishing or posting online, AUS makes no representation or warranty whether expressed or implied, and accepts no responsibility or reliability for its completeness or accuracy.

5.11 To the fullest extent permitted by applicable law, under no circumstances will AUS or any of its affiliates be liable under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, indirect, incidental, special, consequential, exemplary, or punitive damages, each of which is excluded by agreement of AUS and you regardless of whether such damages were foreseeable or whether AUS or any person has been advised of the possibility of such damages. Notwithstanding anything in these Terms and Conditions to the contrary, AUS’s cumulative liability, including for claims, expenses, damages or indemnity obligations under or in connection with its obligations under these terms and conditions, will not exceed USD$500,000. In no event shall AUS, its affiliates, agents, representatives, directors, officers, or employees be liable for any act or omission resulting from circumstance beyond their reasonable control. To the fullest extent permitted by applicable law, you hereby waive any and all rights to bring any claim or action related to this Promotion beyond one (1) year from the first occurrence of the act, event, condition or omission on which such claim or action is based.

5.12 These Terms and Conditions shall be governed by and construed in accordance with the laws of the California. In the event of any dispute or claim arising from or in connection with these terms, the relevant parties shall resolve such dispute or claim through amicable negotiations. If such dispute or claim is still not resolved (including any dispute on the existence, validity or termination of these terms and conditions), you irrevocably consent to the matter being referred to and finally resolved by arbitration in San Francisco, California, administered by the American Arbitration Association (“AAA”). If any dispute is submitted to the AAA for arbitration, the arbitration shall be conducted in accordance with the Arbitration Rules of the AAA (“AAA Rules”) in force at the time of applying for arbitration, which rules are deemed to be incorporated by reference in this paragraph. The arbitration panel shall consist of one single arbitrator. The arbitration shall be conducted in English. The arbitration award rendered by the AAA shall be final and binding on all the relevant parties.

5.13 If you have any questions about the Promotion, please call our official customer service hotline ((855) 797-3366) from Mondays – Fridays: 8:00 a.m. to 6:00 p.m., United States Pacific time (excluding holidays).