Terms of use

GoGoCash General Terms of Use

GoGoCash Co., Ltd. ("GoGoCash") provides an online shopping platform through its various platforms including, but not limited to, its website, browser extension, and mobile application (collectively, the "GoGoCash Platforms"), whereby Users may connect with certain merchant partners of GoGoCash ("Merchants") and purchase goods and services through affiliated links on the GoGoCash Platforms ("Merchant Links"). The use of the GoGoCash Platforms, the services offered on or through the GoGoCash Platforms (the "Services"), and your account maintained with GoGoCash (a "GoGoCash Account") shall be subject to these terms and conditions (the "Agreement"). This Agreement constitutes a legally binding agreement between each individual who accesses or uses the GoGoCash Platforms or the Services or who maintains a GoGoCash Account ("you" or a "User"). By using any of the Services or maintaining a GoGoCash Account, you acknowledge that you have read and understand this Agreement and agree to be bound by all of its terms. GoGoCash may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of a GoGoCash Account shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

1. Service License

Subject to the terms of this Agreement, GoGoCash hereby grants you a revocable, non-exclusive, non-transferable license (without the right to sublicense) to access and use the GoGoCash Platforms and the Services solely for your personal use. You agree that you obtain no rights other than the rights and licenses expressly granted under this Agreement. GoGoCash reserves the right to change, upgrade, discontinue, not offer, or stop offering or supporting any or all of the Services, the Cashback Program, or the GoGoCash Platforms, or any feature of the Services or the GoGoCash Platforms, at any time and for any reason, in its sole discretion, with or without prior notice to you, to the maximum extent permitted by applicable law. All rights not expressly granted under this Agreement are reserved by GoGoCash and its licensors.

2. GoGoCash Account

Some of the Services require you to open and maintain a GoGoCash Account. The Cashback Program is available to residents of Thailand and other countries where GoGoCash operates. To create a GoGoCash account, you must be at least 18 years old. You may create a GoGoCash Account free of charge by providing the relevant details that GoGoCash may request from time to time. All information you provide GoGoCash must be complete and accurate in all respects. Use of a GoGoCash Account and the Services (including participation in the Cashback Program) are offered at the sole discretion of GoGoCash and subject to, among other things, your compliance with this Agreement and any other terms related to a specific Service or program.

Each person is limited to one Account and you may not create or have control and/or custody over multiple GoGoCash Accounts. In particular:

(a) Each mobile number may only be linked to one GoGoCash Account; and (b) Each account to which you designate to receive Payments from GoGoCash (e.g., your bank account, mobile wallet, or payment platform account) (a "Payment Account") may only be linked to one GoGoCash Account.

You acknowledge that we may terminate your ability to access or use the Services at any time, and you will forfeit any Cashback, in our sole discretion, including, but not limited to, if you fail to abide by any terms and conditions of this Agreement or of any Service or program, you engage in any fraud or abuse relating to the Services, the Cashback Program, or other rewards, or you misrepresent any information that you furnish to GoGoCash or its affiliates.

3. The Cashback Program

The Cashback Program provides you with the opportunity to receive payment from GoGoCash in connection with your use of the Services (a "Payment"), including when you complete a verifiable transaction with a Merchant through the Merchant's associated Merchant Link on the GoGoCash Platforms (a "Qualifying Transaction").

Qualifying Transactions will be accounted for in GoGoCash's internal system through the use of "Cashback," which is a unit of measurement that GoGoCash uses to track and record your Qualifying Transactions during a given period. The amount of Cashback that GoGoCash records for your Qualifying Transactions may vary depending on its internal criteria and calculations, which it may modify from time to time in its sole discretion. You may view the estimated amount of Cashback that GoGoCash has recorded for your Qualifying Transactions by going to your GoGoCash Account. Please note that any such amounts are preliminary estimates calculated for GoGoCash's internal recordkeeping purposes. For clarity, Cashback is solely an internal measurement tool utilized by GoGoCash to measure your Qualifying Transactions through the GoGoCash Platforms, and it is not intended to confer or imply any rights or represent any obligations, does not constitute property, is not transferrable or assignable, does not provide you with any proprietary rights over any monies or assets held by GoGoCash, and may not be purchased or the subject of a sale, barter, or exchange.

The amount of any Payment we make to you will be based on the final amount of Cashback that GoGoCash has recorded for your Qualifying Transactions during a given period in accordance with its internal, proprietary formula, which may be adjusted by us from time-to-time, and which is based on certain factors, which may include (a) Cashback not being eligible when purchasing promotional items or using other discount codes, coupons or other promotions; (b) any available promotions or campaigns at the given time; and (c) Different tiers of eligible cashback for different users (e.g., different tiers of cashback for new users and existing users). Payments will be made by GoGoCash to the Payment Account that you have linked to your GoGoCash Account. Payments may be funded either by GoGoCash or from a portion of the proceeds we receive from Merchants.

You are responsible for regularly checking your GoGoCash Account to ensure that GoGoCash is properly recognizing potential Qualifying Transactions. You must notify GoGoCash of any omissions or discrepancies concerning any transaction within 30 days after that transaction. GoGoCash reserves the right not to correct any omissions, incorrect entries, or discrepancies brought to its attention after the 30-day period.

In addition to the other terms of this Agreement, to participate in the Cashback Program and to be eligible to receive Payments from GoGoCash in connection with the Cashback Program, you must comply with the following requirements:

a) You must create and maintain an active GoGoCash Account and comply with all terms related to maintaining a GoGoCash Account; b) You must comply with the terms, conditions and requirements, express or implied, associated with any applicable promotions; c) You must have cookies enabled throughout when accessing the GoGoCash Platforms and subsequently the Merchant's website; d) You must not open a separate tab or browser while accessing the GoGoCash Platforms and subsequently the Merchant's website; e) You must ensure that after being redirected to the Merchant's website, you complete the transaction before proceeding to any other website; f) You must complete a purchase on the Merchant's website after being redirected to the site through GoGoCash; g) You must not engage in any fraudulent or dishonest conduct and you must abide by the terms of this Agreement and any other terms and conditions stipulated by GoGoCash or the applicable Merchant.

Subject to your compliance with this Agreement, you may request a Payment at any time by selecting the relevant option in your GoGoCash Account, provided that GoGoCash must first have recorded and attributed to your GoGoCash Account at least enough Cashback to meet a minimum Payment amount that GoGoCash has indicated and communicated to you from time to time. However, any Cashback that we have recorded and attributed to your GoGoCash Account will be forfeited, and not eligible for Payment, if you have not engaged in a Qualifying Transaction for a period of more than 12 months.

Further, in addition to other rights and remedies, we may, to the extent permitted by applicable law, and without providing prior notice, withhold, offset, adjust, or exclude any Payments to you under this Agreement for activity in violation of this Agreement, failure to comply with this Agreement, any excess Payments made to you in error, or to offset such amounts against fees you may owe us under any other agreements.

4. Merchant Partner Policies

Any products or services purchased from any Merchant, whether through the GoGoCash Platforms or otherwise, is governed by and subject to the applicable Merchant's policies and terms and conditions, including, but not limited to, the applicable return, cancelation, exchange, and shipping policies. You agree that GoGoCash is not an agent of any Merchant and that Merchants operate independently and not under GoGoCash's control. Accordingly, your participation in offers or promotions of, or correspondence with, any Merchant is solely between you and that Merchant. GoGoCash does not assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion, including, without limitation, the withdrawal or modification of any such offer or promotion. GoGoCash is not responsible for changes to, or discontinuance of, any Merchant from any of the GoGoCash Platforms or the termination of any promotion offered by any Merchant on or through any of the GoGoCash Platforms, or for any effect on the Cashback Program caused by such changes, discontinuance, or withdrawal. GoGoCash assumes no responsibility and shall not be liable for any content, product and/or services on a Merchant's platforms (including but not limited to the quality, merchantability or fitness of such products or services or that such content, product and/or services does not breach any laws or regulations).

5. Personal Data Protection

Personal Data collected is subject to our Privacy Policy, which is hereby incorporated by reference, and a copy of which is located on GoGoCash's website.

6. Bonuses and Rewards

GoGoCash periodically offers bonuses or rewards for performing certain actions (such as referring new users to GoGoCash or completing quests). The terms and conditions accompanying such offers will govern how they are earned and paid. You are prohibited from bidding on keywords containing "GoGoCash" or other similar words or marks for the purpose of driving traffic to your page. You shall not send any paid traffic directly to your referral link. You may not include your referral link or distribute your referral link on any website or platform that does not belong to you, such as social media pages belonging to merchants or forum pages belonging to third parties.

7. Taxes

You are solely responsible and liable for any and all taxes, duties, or fees that apply or relate to any Payments or other amounts you may receive pursuant to this Agreement. GoGoCash makes no representation as to the tax treatment of such amounts. Payments to you are inclusive of any applicable sales, use, excise, value added, or similar taxes or amounts payable to you.

8. Fraud

GoGoCash may suspend or terminate your account if it has reason to believe you are involved in any fraudulent or dishonest activities. Any failure to comply with this Agreement, any fraud, dishonesty or abuse relating to the use of the services or your account, or any misrepresentation of any information furnished to GoGoCash or its affiliates by you or anyone acting on your behalf may result in the termination of your account and forfeiture of your accrued cashback rewards.

9. Third Party Rights

A person who is not party to this Agreement has no rights to enforce any terms of this Agreement.

10. Communications

By becoming a GoGoCash user, you agree to receive communications that are account and user related (e.g., that we've added cashback to your account, that we have paid out money to your payment account) as well as periodic shopping related communications that highlight coupons or special deals available to GoGoCash users. We may communicate with you regarding your account by electronic communications or direct mail using information you provide during the registration process. Your consent to receive electronic communications include any notices or other information that we may be required by law to provide you in writing or otherwise. You agree to keep us appraised of your current contact information should the same change subsequent to the date you become a User. We may also send you push notifications if you install the mobile application.

11. Ownership

All rights, title, and interest in the Services, the GoGoCash Platforms and the Content associated with or on the same belong to GoGoCash or its licensors. Additionally, GoGoCash shall maintain all rights, title, and interest in "GOGOCASH", the GoGoCash logo, and any other marks, service marks, trademarks, or logos of GoGoCash (the "GoGoCash Marks") that are registered in Thailand and other countries. The GoGoCash Marks may not be used in connection with any non-GoGoCash product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GoGoCash. You shall not by any means bid on, apply for, register, own or control any keywords or marks containing "GOGOCASH" or anything substantially similar to "GOGOCASH" or any other GoGoCash Mark including, without limitation, gogocash.co, gogocash.com, or any other GoGoCash domain with any search engine, domain service provider or any intellectual property office whatsoever. You shall not mention or use GoGoCash in any ad text, extension, or banner ad without express written consent of GoGoCash. All other trademarks not owned by GoGoCash that are used in providing the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GoGoCash.

12. Community Standards

By creating a GoGoCash account, you are becoming a member of a community that depends on the goodwill and responsible behaviour of each of our users. Users are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, anything that may be defamatory or libelous, or anything else that may be construed as harassing or offensive, which is targeted at the Services, the GoGoCash Platforms, our employees, contractors or agents, our merchant partners, or other users. This includes communications by means of social media or other internet posts which violate the above community standards or promote or encourage gaming or fraudulent behaviour. Users who violate this provision, as determined by us in our absolute discretion, may have their accounts suspended or terminated without prior notice. GoGoCash reserves the right to disclose any illegal activity detected to the appropriate law enforcement authorities.

13. Indemnification

You agree to indemnify GoGoCash, any merchant partners, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement or for any materials in any form whatsoever that are provided by you (or through your username and/or password). 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.

14. Warranty Disclaimer

The Services, content, and the GoGoCash Platforms are provided "as is" and without warranty of any kind, express or implied, including without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, currentness, completeness, reliability or validity of the Services, content or the GoGoCash Platforms, including without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, or other information displayed, uploaded or distributed in connection with the Services. GoGoCash does not warrant that the functionality of the GoGoCash Platforms will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful content. Further, GoGoCash does not warrant, guarantee or make any representations regarding the quality of, or accuracy of advertisements for, any products or services offered or provided by its affiliate stores in conjunction with the services.

15. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall GoGoCash 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, GoGoCash's maximum aggregate liability arising out of this agreement will not exceed 3,000 Thai Baht.

16. Class Action Waiver

To the extent permitted under applicable law, you agree that any dispute, claim, or controversy arising out of or relating to your use of the Services, the GoGoCash Platform, or this Agreement may be brought by you or GoGoCash against the other only on an individual basis and not by any form of class, collective, representative, or consolidated action or proceeding, and that, unless both you and GoGoCash agree otherwise, the arbitrator may not certify, consolidate, or join any more than one person's or party's claims. Also, the arbitrator may only award relief (including monetary, injunctive, and declaratory relief) in favor of the individual party seeking relief and only to the extent necessary to provide the relief sought by that party's individual claim(s), and that the arbitrator may not award any relief that affects any person or entity other than you and GoGoCash.

This class action waiver is a material and essential part of these terms and conditions. If any portion of this class action waiver is found to be invalid or unenforceable or a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy, then that claim or that remedy request must be severed from the arbitration and may be brought in court, subject to your and GoGoCash's right to appeal the decision. This class action waiver shall survive any termination of these terms and conditions and any arbitration.

17. Governing Law and Arbitration

This Agreement, including any amendments thereto that GoGoCash may from time to time make at its discretion, are governed by and construed in accordance with the laws of Thailand. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved in accordance with the dispute resolution processes available under Thai law. The parties agree to first attempt to resolve disputes through good faith negotiations. If negotiations fail, either party may submit the dispute to mediation or arbitration in Thailand in accordance with the applicable rules of the Thai Arbitration Institute or other mutually agreed arbitration body. The language of any arbitration proceedings shall be Thai or English as agreed by the parties.

18. Assignment

You may not assign your rights and obligations under this Agreement, in whole or in part, without prior written consent, and any such assignment without such consent will be null and void.

19. Headings

Headings under this Agreement are intended only for convenience and shall not affect the interpretation of this Agreement.

20. Waivers / Severability

Any failure to enforce any provision of this Agreement on the part of GoGoCash will not be deemed a waiver of that provision. Any waiver of any provision of this Agreement by GoGoCash on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.

21. Entire Agreement

This Agreement (together with the additional terms and conditions referred hereto or generally) represents the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements and representations, written or oral (including without limitation, earlier version of this Agreement that may have been accepted by you). We reserve the right to modify this Agreement at any time. Your continued use of any of the GoGoCash services or continued maintenance of an account with GoGoCash shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.