Terms of Service
Tulas, Inc. ("Tulas" or "we") is pleased to give you access to www.Tulas.com (this "website"). By registering, you are indicating that you have read and that you agree to these terms. You understand that we may update these terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new or updated features or services that we put on our website will be subject to these terms.
BY USING THIS WEBSITE, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE.
Tulas is an online shopping engine that combines price comparison with cashback discounts and online coupons.
CASHBACK PAYMENT METHOD
As a Tulas member, you can choose to withdraw your cashback by e-check/paper cheque, PayPal, e-Gift Card, direct deposit to a bank account, or to a credit card account (currently only supporting Visa Credit Card issued in China and the United States) by a third-party processor. If your check expires without being cashed or deposited or if it is returned to Tulas, the payout will be returned to your account, where it will be subject to inactive account maintenance charges described below.
To join Tulas and use our services, you must be at least 18 years of age. If you are under 18 years of age, you may join Tulas only with the supervision and consent of your parents or legal guardians. If you are under 13 years of age, you may not join Tulas. All members receiving payments via check must be U.S. residents. You must have Internet access and an email address to use Tulas, and we are not responsible for your inability to connect to the Internet to access our website or your account.
You are responsible for maintaining accurate account information at all times, including valid email and mailing addresses. You are responsible for keeping your email address, mailing address, password, and all other private information confidential. Tulas is not responsible for any changes made to your account by any party that uses your email address and password. You are responsible for following the Terms of Service and policies, for not engaging in inappropriate use of the Tulas website and services offered or its affiliate merchant sites, or for not engaging in fraudulent practices.
We will provide you with links on the Tulas website to the websites of affiliated merchants. When you click one of these links and make a qualifying purchase at that merchant's website, you will receive the specified amount of cashback posted to your Tulas account. We will make every effort to accurately track and report your qualifying purchases, but you will not hold us liable for any delays or failures in tracking or reporting that are the fault of the merchant in reporting your purchase to us. Furthermore, you will not hold us liable for any technical failures that delay or prevent your purchase, and therefore your possible earnings from being reported to us. If you have disabled cookies or other technologies used in tracking purchases, this may be the cause of such technical failure. Other causes may include:
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THIS WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE Tulas, ITS AFFILIATES, AND ANY THIRD PARTIES UNDER CONTRACT WITH Tulas, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using this website, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Occasionally purchases at our affiliated merchants' websites will not generate commissions for Tulas. These may include but are not limited to, gift certificates, gift cards, purchases for the purpose of reselling, and other items determined by the merchant. Tulas is not obligated to pay cashback for purchases that do not generate a commission for Tulas or for which a merchant cancels a commission.
If you return an item to a merchant AFTER receiving your cashback check for the purchase of that item, Tulas has the right to recover these earnings from you and may take necessary actions, including check cancellation or deductions from your Tulas account.
PRICING & PRODUCT AVAILABILITY
Tulas strives to maintain the most accurate prices possible to give you the best comparison shopping experience; however, due to constant changes made by retailers to product pricing we cannot guarantee the accuracy of our pricing. Additionally, based on product supply retailers will occasionally sell out of certain inventory before we can update those products as Out of Stock in our database. Tulas is not responsible for products on its website that become unavailable or out of stock.
Tulas also strives to show accurate tax and shipping costs, but please keep in mind that for some stores, the tax and shipping costs shown are only estimates. Sales tax estimates are based on your zip code and the sales tax policies of the merchant. Shipping cost estimates are based on the shipping policies of the merchant, product weight, shipping destination, distribution center location, and carrier used (UPS, USPS, FedEx, etc.). In some cases, however, Tulas is not provided with all information necessary to estimate the exact tax and shipping costs.
Tulas works directly with merchants to ensure that all coupons displayed are active and that any exceptions are listed with the coupon. Occasionally, however, coupons may not work because of a merchant error or other technical error. Other times a specific item not listed in the exceptions will not be eligible for the discount. Tulas is not responsible for any coupons that do not work. If you try to use a coupon and it doesn't work, please report the issue to us and we will do our best to reactivate the coupon, get a new coupon, or provide clarification on why the coupon did not work.
If your user account is inactive for 365 consecutive days, you hereby release all rights to cash in your account and funds in your gift card balance, which shall automatically and immediately vest in Tulas without any requirement of notice to you.
The currency of all payments will be U.S. Dollars. We will only send out payments when you have at least $10.00 of "Available" money (this includes cashback) in your Tulas account. Tulas accounts cannot be combined to achieve a total of $10.00 "Available" funds. Your cashback on a specific purchase will become "Available" once the return time on that purchase has passed. Return times are standardized for all merchants to be a period of 90 days. The return time does not only reflect the time allowed to return the item to the merchant, but also the time allowed for the merchant to cancel the commission paid to Tulas for reasons including but not limited to returns due to product defect, invalid coupon use, or fraudulent orders. Once the return time has passed your earnings will become "Available" for withdrawal. Please refer to the FAQ for more information.
Tulas is not responsible for any event beyond the control of Tulas that would prevent you from receiving your payment. Such an event may include but is not limited to, lost mail or an error made by you in typing your mailing address, or a change of address of which you have not notified Tulas. Tulas reserves the right to withhold payment of cashback indefinitely for any reason including but not limited to: suspected fraud, merchant concerns, or unusual activity. If you feel your cashback payment is being improperly withheld, please contact us and we will be happy to work through the issue with you.
USE OF SHOPPING CART SERVICE
As a member of Tulas, you will be able to purchase certain products from certain participating affiliate stores (“Affiliate Stores”) using the Tulas shopping cart service (the “Service”), a free express online checkout service provided by a Tulas Inc. (the parent company of Tulas) affiliate, to enhance your overall shopping experience.
1. License to the Service. Subject to the terms and conditions of these Terms of Service, Tulas grants you a limited, non-exclusive, and revocable license to access and use the Service. Tulas (or its affiliate) reserves the right to change, upgrade or discontinue the Service or any feature of the Service at any time, with or without notice.
2. Merchandise Shipping, Exchange, and Return Policies. A product purchased using the Service is covered by the applicable Affiliate Store’s return, exchange and shipping policies. While Tulas will obtain the shipping cost for you during the checkout process, these policies will not be available for review on the Tulas website during the checkout process. They are, however, available on the respective Affiliate Store's own website should you wish to review them.
3. Personal Information and Processing. By using the Service, certain information about you, such as payment information and billing and shipping address is provided to Tulas in order to complete transactions with Affiliate Stores, and you authorize Tulas to process and complete payment transactions on your behalf. You also authorize Tulas and the Service to store such purchase information including, without limitation, in the case of the Service, your credit card information, for future purchases.
7. Termination of Checkout Service. Tulas reserves the right, at any time, to modify or discontinue offering the Service in its sole discretion. If you are dissatisfied with any aspect of the Service at any time, your sole and exclusive remedy are to cease using the Service and/or provide Member comments to Tulas. You agree that Tulas will not be liable to you or to any third party for any modification, suspension, or termination of the Service.
COPYRIGHT AND TRADEMARK INFORMATION
All content available on this website is © 2006 - 2020 Tulas, Inc. with all rights reserved, or is the property of third properties protected by intellectual property rights. All other trademarks displayed on this website are the trademarks of their respective owners and are not intended to imply any endorsement or affiliation between Tulas and these companies. You agree that you will not use any robot, spider, other automatic devices, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized person of Tulas.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY Tulas ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Tulas MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS WEBSITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THIS WEBSITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tulas SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. Tulas DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR THE SERVICES PROVIDED. OPERATION OF THIS WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF Tulas'S CONTROL. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Tulas DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THIS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Tulas MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THIS WEBSITE OR BOUGHT AND/OR SOLD USING THIS WEBSITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM Tulas ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tulas WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES.
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold Tulas, its subsidiaries, affiliates, co-brand partners, and other parties with which Tulas is under contract, and their respective officers, directors, employees, and agents free and harmless from and against any claims, actions, and demands, including, without limitation, any legal and accounting fees resulting from your use of this website and/or your breach of these terms, and/or resulting from any and all content you submit to Tulas and/or this website. Tulas shall provide notice to you of any such claim, suit or proceeding.
These terms will be governed by and construed in accordance with the laws of the State of California, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. Except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction, all disputes arising out of or related to this Agreement, including the scope, the construction or application of this Agreement, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in force. The arbitration hearings and all meetings pursuant to this section shall be held in San Diego, California, USA, and shall be conducted in English. If the parties cannot agree upon a single arbitrator within fifteen (15) days after demand by either of them, each party shall select one arbitrator knowledgeable about Internet commerce in California and the USA generally, and notify the other of its selection, and such two arbitrators shall select a third from a list of arbitrators (with knowledge of the Internet industry) qualified by the American Arbitration Association in California. If this procedure for selecting arbitrators fails, then a neutral arbitrator based in California with knowledge of Internet commerce in California and the USA generally shall be selected by the American Arbitration Association to resolve the dispute. The arbitrator(s) shall conduct a hearing within thirty (30) days after their selection. A majority of the arbitrators (if there is more than one pursuant to this clause) shall determine the decision/award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The parties shall share the expenses of the arbitrators equally. Nothing in any indemnification provision hereunder shall be construed as having any bearing on the award of attorneys' fees or arbitrators' fees under this section.
If any provision of these terms is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these terms and all agreements and notices incorporated herein may be automatically assigned by Tulas, in our sole discretion, to a third party. You may not assign your obligations to any other entity.