In General

This document governs your relationship with www.roshanemall.com (Website). Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices (the Terms & Conditions). By using the services, you are agreeing to all the Terms &Conditions, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms & Conditions.

We reserve the right to withdraw or amend the Terms & Conditions without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period and from time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other third-party websites, which are not operated by RoshanEmall. RoshanEmall has no control over the third-party websites or stores and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the third-party websites will be subject to the terms of use and service contained within each such site.

This Terms & Conditions Agreement also includes all documents, guidelines, Bonus Plan and other information incorporated into the Terms & Conditions Agreement (this T&C), is to define the rights and obligations and the relationship between, RoshanEmall, its Affiliates and Smart Shoppers (“you” or “AF" or “SS”).

This T&C, including any amendments to the T&C, is a binding legal contract between you and RoshanEmall.

The T&C takes effect when you manifest your assent to the agreement, by clicking through the Terms & Conditions Agreement online. By accepting to this agreement, you are obligating yourself to follow its terms.

Smart Shopper (SS)

Those who register into RoshanEmall Official Website  are considered as Smart Shoppers. It's FREE to join RoshanEmall and there's NO monthly or yearly joining fees. Smart Shoppers have FREE access to the "My Office" dashboard and welcome to purchase any products or services offered on RoshanEmall. In order to earn any Bonuses (cash rewards) offered by RoshanEmall, Smart Shoppers have to opt in and activate the Smart Shopper account and must shop through RoshanEmall every month.

Smart Shopper

1.1 To become a Smart Shopper each applicant must:

  •  Be at least 18 years old
  • Must obtain parents’ or guardian permission if below 18 years old
  • Complete the "Sign Up for Free" e-form at www.roshanemall.com
  • Applicant must have a valid Introducer and can only apply through www.roshanemall.com (No Cash or written application form over the counter)
  • Accept this T&C Agreement by online click-through.
  • Must have at least a smartphone, a valid e-mail address and a valid mobile phone number that belongs to the applicant.
  • Provide any other information RoshanEmall may reasonably request.
  • RoshanEmall may determine, in its sole discretion, not to accept a particular Smart Shopper application for any reason or no reason, even in cases where an applicant has met all the above requirements.

1.2 As a Smart Shopper, you get to enjoy the following:

  1. Personal Income
  2. Referral Income
  3. Group Income
  4. Loyalty Points
     

1.3 Terminating the T&C Agreement

In the event of you have committing any offence that breached this T&C Agreement, RoshanEmall will issue a written notice of the breach and if you do not remedy the breach and give a proper written explanation within seven (7) calendar days after the date of such notice, RoshanEmall has the right to terminate the T&C Agreement with you.

Upon termination of this T&C Agreement, you will no longer be an Smart Shopper and you will have no right, claim, or benefits to any further compensation under the Bonus Plan, except for bonuses rightfully earned prior to the termination date, which will be paid to you by RoshanEmall under the bonus payment process. You will no longer have rights under this T&C Agreement and your Smart Shopper status may not be reinstated after the termination. RoshanEmall has the right to stop you from re-joining back for the period of 6 (six) Months.

Responsibilities as an Smart Shopper

2.1 Code of Conduct

You represent RoshanEmall. As a result, you must act with integrity, courtesy, honesty, and professionalism. You must provide accurate information to and about RoshanEmall, and you must not engage in any deceptive, unlawful, or unethical conduct of any kind. All information you provide to RoshanEmall as part of the enrolment process, and all information of any kind provided to RoshanEmall must be complete, accurate and not misleading in any way.

Smart Shopper shall not make misleading comparison of another company’s business opportunity, products or services. Any comparison must be based on facts that can be objectively substantiated.

2.2 Independent Smart Shopper

You must always identify yourself as an independent Smart Shopper of RoshanEmall in your dealings with potential RoshanEmall customers and any other parties. Under no circumstances shall you state, suggest, imply, confirm, fail to deny, or indicate in any other way that you are an employee, partner, joint venture partner or representative of RoshanEmall of any other kind, except for being an independent Smart Shopper under the T&C Agreement. RoshanEmall does not owe and will not provide you with any benefits whatsoever except as expressly stated in the Bonus Plan.

When you are active on a Social Media platform and discussing RoshanEmall, you must clearly identify yourself as an independent Smart Shopper of RoshanEmall.

2.3 Inappropriate Material.

Smart Shopper is acting in a personal capacity. As a result, you may not post Inappropriate material at any time, even when you are not conducting business as an Smart Shopper and are operating in your personal capacity. For purposes of this Agreement, inappropriate material means any illegal, offensive, false, deceptive, misleading, inappropriate, obscene, vulgar, or discriminatory communication or material of any kind, including without limitation any conversation, comment, image, video, audio, link, or other communications. RoshanEmall, in its sole discretion, has the right to determine what constitutes inappropriate Material.

2.4 Improper Activities

The term Improper Activities means any violation of any term of this T&C, of any law, regulation, or rule, whether civil or criminal, issued by any governmental body with jurisdiction over a particular activity, any fraudulent, deceptive, or unethical businesses practice or activity, or any other action that, in the sole discretion of RoshanEmall.

RoshanEmall, in its sole discretion, will determine whether an improper activity has taken place. If RoshanEmall decides that an improper activity has occurred, it may decide to take any or all of the following actions:

  • Require the Smart Shopper to correct the improper activity immediately
  • Issue a written warning
  • Suspend bonus payments
  • Terminate this Agreement and cancel his or her status as an Smart Shopper

Any other action RoshanEmall deems necessary to address the improper activities.

2.5 Comments

You may not use blog spam, spamdexing, or any other mass replicated methods of leaving comments on websites, blogs, or other Social Media about RoshanEmall.

 2.6 Tax Payments

You are fully and solely responsible for paying all applicable domestic or international taxes, including, without limitation any applicable local, state, and federal taxes on any compensation you earn from RoshanEmall.

2.7 Income Claims

You must not make any projections or claims of the income that can be earned by an Smart Shopper under the Bonus Plan, disclose your own Bonus income, or make any lifestyle claims, testimonials or any other representations of the amount of potential earnings unless such projections, claims, and disclosures, are accurate, truthful, and consistent with the RoshanEmall Bonus Plan

The Bonus Plan denotes the average earnings of an Smart Shopper, showing high, low and average compensation, and also provides:

  • That the compensation stated in the Bonus Plan is not representative of the income, if any, that a new Smart Shopper may earn;
  • That the amounts stated in the Bonus Plan are not guarantees or projections of an Smart Shopper actual earnings;
  • That RoshanEmall makes no such guarantee or projections of any Smart Shopper earnings;
  • That success as an Smart Shopper depends entirely on the hard work, diligence, leadership, business sense, timing, good fortune, and other attributes and circumstances.

 2.8 Personal Information

Please ensure your personal profile data is updated from time to time, which all such information is truthful and accurate.

2.9 Media Inquiries

Smart Shoppers shall not respond to any media inquiries of any kind about RoshanEmall, its services, its business model, or any other issues, including without limitation any inquiries from print, radio, television, broadcast, cable, blogs, or other media entities, whether online or offline. If a member of the media contacts you about RoshanEmall or your activities as an Smart Shopper, please, refer all enquires to RoshanEmall.

2.10 Non-Disparagement

You agree not to make, participate, or concur in any remark or action that is disparaging or detrimental in any way to RoshanEmall, other Smart Shoppers, the Services, the Bonus Plan, or RoshanEmall related affiliated or subsidiary organizations, or its directors, shareholders, officers, and employees, past and present, whether orally, in writing, or by any other means.

2.11 Interactions with the RoshanEmall and Smart Shoppers

RoshanEmall makes no representations or warranties of any kind about the character, trustworthiness, or other attributes of any person, including any person who may become an Smart Shopper. You are solely responsible for your interactions with other Smart Shoppers or anyone else related to RoshanEmall, and you must exercise the same caution, discretion, common sense, and good judgment in all interactions with these people as you do with any other people.

RoshanEmall has no liability for any damages or harm that may be suffered by you as a result of such interactions, and you expressly agree to indemnify, defend, and hold harmless RoshanEmall, its successors, assigns, and any related individuals or companies from any and all such damages or harm.

2.12 Communications

You agree and consent that RoshanEmall and other Smart Shoppers may contact you by text message, email, telephone or any other method, in order to communicate with you regarding matters relevant to RoshanEmall and this Agreement, including commercial information, promotional information, and any other information reasonably related to the relationship between you and RoshanEmall.

2.13 Performance as an Smart Shopper

You agree that information about your performance as an Smart Shopper under this Agreement, including bonus amounts, number of members in your network, and other relevant information, may be made available to other Smart Shoppers in your network.

Branding

3.1 Branding and Reputation

Smart Shoppers must protect the reputation of RoshanEmall as a brand at all times for the benefit of other Smart Shoppers and the entire RoshanEmall Strategic Partners.

We advise all Smart Shoppers to follow the Code of Conduct when promoting RoshanEmall to new Smart Shoppers.

Smart Shoppers are not allowed to misuse or mislead RoshanEmall Branding including RoshanEmall trade names, logos, tag line, any marketing materials developed by RoshanEmall, as well as all materials copyrighted by RoshanEmall for the purpose of promotional and marketing activities.

Smart Shoppers are not allowed to create or sell any merchandise, templates and other services that carry the RoshanEmall branding including creating any advertisements that may appear to originate from RoshanEmall.

Smart Shoppers are not allowed to advertise on television, radio, online, outdoor media, print media, direct mail, YouTube or any similar services without the prior written consent from RoshanEmall.

Smart Shoppers are not allowed to sell or auction any RoshanEmall products or services at any internet sites including internet auctions sites.

3.2 Licensed Content

RoshanEmall may use licensed images, content, and other brand elements from third-party licensors for use on its website and in other materials. Smart Shoppers are not allowed to use any of these materials without the approval of RoshanEmall. Smart Shoppers whom uses such materials without permission may be subject to fines or penalties by the licensor.

3.3 Prohibited

Smart Shoppers are not allowed to use any of RoshanEmall subsidiaries or vendors branding in any promotional or marketing activities, which includes brand, logo, trademarks or marks of any kind and all materials copyrighted by the subsidiaries or vendors

3.4 Submitted Content and Feedback

Any contents (text, data, graphics, images, photos, video, or audio-visual materials) or Feedback (suggestions, improvements, comments) submitted by Smart Shoppers to RoshanEmall, will be granted to  RoshanEmall a non-exclusive, royalty-free and unrestricted usage of any kind.

By submitting the contents or feedbacks, Smart Shoppers agree that RoshanEmall retains exclusive, irrevocably and final control over how the content or feedback submissions are or will be used including any and all intellectual property rights contained therein.

By submitting content or feedback to RoshanEmall, you and RoshanEmall are not establishing a joint venture, partnership, or any other business relationship. RoshanEmall reserves the right to remove any of the content or feedback submissions at any time without notice.

Compensation

4.1 Bonus Plan

Smart Shoppers receive compensation under the RoshanEmall Bonus Plan set forth at www.roshanemall.com, as it may be amended by RoshanEmall from time to time without notices.

Current and potential Smart Shoppers should understand the following information regarding our Bonus Plan:

  • RoshanEmall makes no guarantee on the potential earnings.
  • The examples we use to describe or explain the bonus plan in our website, videos, oral presentations or anywhere else, are only for illustration purposes. The illustrated income may not represent the income of a new Smart Shopper.
  • Success of an Smart Shopper depends entirely on the hard work, diligence, skills, commitments, leadership, business sense, timing, good fortune, and other attributes and circumstances.
  • RoshanEmall will pay the monthly bonuses once you are an active and qualified Smart Shopper in full compliance with this Agreement and the Bonus Plan.

 4.2 Introducer

A new customer is free to choose an introducer when they first become part of RoshanEmall during the registration process. Once a new customer has chosen an introducer, the choice is permanent and cannot be changed in order to protect the matrix (money tree).

4.3 Accounts

You may have only one Smart Shopper account attached to a single e-mail address. Smart Shopper can have multiple accounts but with different e-mail addresses and all accounts can be linked to the same mobile phone number.

4.4 Gaming

Any kind of reward activities that contradict with RoshanEmall Bonus Plan will be considered as “Gaming”. Gaming is not permitted and may result in termination of this Agreement and your Smart Shopper status. RoshanEmall has sole and absolute discretion to determine whether or not a particular activity constitutes Gaming.

Gaming includes but is not limited to:

  • Redistributing compensation paid by RoshanEmall to other Smart Shoppers.
  • Restricting a Smart Shopper ability to sign up other new members.
  • Providing any kind of monthly cash rewards or fees or other form of gifts to other Smart Shoppers on behalf of RoshanEmall
  • Controlling or operating an account using a dummy mobile phone number or a dummy e-mail address.

 4.5 Bonus Payment

Cut-off date for all bonuses is calculated at the end of each month, and the payments will be credited into your e-Wallet Account latest after 30 to 90 days.

4.6 Withdrawal from e-Wallet Account

You can request for cash withdrawal from your e-Wallet account at any time. The request will be processed twice in a month as follows:

  • Withdrawals that are submitted from 1st till 14th of the month will be processed on 16th of the same month
  • Withdrawals that are submitted from 15th till end of the month will be processed on the 3nd of the following month and the cash will be transferred into your Bank account or into an E-wallet app.

4.7 Compensation Accuracy

RoshanEmall always ensure on the accuracy in tracking and recording the Bonuses compensation. In the event you believe a mistake has been made in calculating or your bonus pay-out, you should contact RoshanEmall by writing officially to our Help Desk. If RoshanEmall determines, in its sole discretion, that an error has been made, we will make appropriate adjustments in your bonus pay-out. You agree to hold RoshanEmall harmless for all errors in bonus calculation and payment, and for any and all indirect or consequential harm you may suffer as a result of such errors.

Indemnity, Waiver, Limitations of Liability

5.1 Indemnification

You agree to indemnify, defend, and hold harmless RoshanEmall, its licensors and suppliers, their officers, directors, employees, and anyone else related to RoshanEmall against any and all claims, losses, liabilities, damages, costs, or expenses from all lawsuits, including reasonable attorneys’ fees incurred by such parties, in connection with or arising out of your violation or breach of any term of this terms of use or any applicable law or regulation, whether or not referenced herein, or

Your violation of any rights of any third party, or

Your use or misuse of the services, or

Any taxes related to your purchase and/or use of any of the services

5.2. Waiver

You shall not hold RoshanEmall accountable or responsible or liable for damages, losses, compensations, costs, expenses, charges, fines, penalties incurred by you or any of your authorized persons who use the RoshanEmall website services under the referral program or arising from your participation in the referral program and have unconditionally and equivocally waived all your rights in relation thereof.

Your use of any RoshanEmall services is at your own risk.

5.3 Limitation of Liability

You agree, to the maximum extent allowed by law that RoshanEmall shall not be liable for incidental, consequential, special, or punitive damages that may arise out of this agreement. You also agree that any direct damages shall not exceed USD One Hundred Dollars (USD $100).

Transferring an Smart Shopper Business

Business may be transferred or assigned as follows:

6.1 Death of an Smart Shopper

In the event of the death, RoshanEmall must receive the following documents to transfer the business:

  • A copy of the death certificate
  • Certified letters testamentary or a letter of administration appointing an executor
  • Written instructions from the authorised executor to RoshanEmall specifying to whom the business and income should be transferred to.

 6.2 Incapacitation of an Smart Shopper

In the event that an Smart Shopper becomes legally incapacitated, RoshanEmall must receive the following documents to transfer the business:

  • A notarized copy of an appointment as trustee or guardian
  • A notarized copy of the trust document or other documentation establishing the trustee’s or guardian’s right to administer the RoshanEmall business.

 6.3 Divorce

RoshanEmall will recognize the legal transfer of an Smart Shopper business in connection with a divorce provided RoshanEmall receives a certified copy of a final order from the court of competent jurisdiction spelling out the final property settlement terms, including the terms under which the Smart Shopper business is to be owned and operated.

6.4 Sale of an Smart Shopper Account

Smart Shoppers are NOT allowed to sell or transfer the Smart Shopper business from one party to another for monetary gain under any circumstances. RoshanEmall will not be responsible or liable for any such transactions and will take action against the Smart Shopper and suspend or terminated the account.

6.5 Transfer of Business Account to Next of Kin

Smart Shopper can voluntary transfer his/her account to next of kin by officially submitting a notarized letter to RoshanEmall authorizing the transfer.

6.6 Resolving Disputes

In the event that a dispute arises under this T&C, you agree that, prior to instituting any arbitration proceedings as described, the parties will attempt in good faith to resolve the dispute in a non-binding mediation process. The mediator will be selected by agreement among the parties, and the mediation may be conducted in person or by telephone. The costs of the mediation, including the mediator’s costs, shall be divided equally among the parties involved. Both you and RoshanEmall agree that outside attorneys are not allowed to represent either party in a mediation session.

Web Stores Sites

  1. RoshanEmall has partnered with various third-party online stores or websites which provide Cash Incentives when SmartShoppers purchase products/services through www.roshanemall.com. RoshanEmall is not the supplier of the products/services listed on third-party online stores or websites through www.roshanemall.com.

    RoshanEmall provides a link to the third-party online stores or websites but you will conclude a purchase contract directly with the third-party store. The identity of the store as well as its terms and conditions are available on the website of the selected store. Products or services purchased using the third-party online site is covered by the applicable store's return, exchange and shipping policies.
     
  2. RoshanEmall does not guarantee the accuracy of information listed by suppliers on third- party online stores or websites in particular for product or services descriptions, availability and prices, as these are listed completely by the third-party suppliers. Should you identify an error, please notify our Help Desk Team at Contact Us.
     
  3. Please note that Cash Incentive amounts are calculated based on the net purchase amount. The net purchase amount excludes (amongst others) taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations and extended warranties. RoshanEmall does not guarantee the Cash Incentive feature; Cash Incentive is only earned on Qualified Purchases. A “Qualified Purchase” is a purchase our customers have made at a third-party online store after connecting to the third-party online store via a designated link from www.roshanemall.com.
     
  4. With regard to Cash Incentive, please note the following restrictions:
  • Cash Incentive on travel services will possibly not be granted until the travel is completed.
  • The assessment base for the Cash Incentive is net, without VAT, sales tax (SST), GST etc.
  • Cash Incentive may not be granted for the purchase and/or redemption of gift cards
  • RoshanEmall reserves the right to deny Cash incentive if it was received in an improper or fraudulent way or in circumvention of our Terms. Please note that you must be logged in through www.roshanemall.com for the Cash Incentive to work properly. Should you miss any purchases or detected an error, please, contact us through our Help Desk.
  • Certain Stores exclude a limited number of products and purchases from Cash Incentive or have other conditions or restrictions – e.g. bulk orders
  • Additional restrictions not mentioned here may apply

Please, take note: The Cash Incentive is calculated after 30 to 90 days and distributed accordingly. Some Travel sites will only give cash Incentives after travel has taken place.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and RoshanEmall will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of RoshanEmall or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.roshanemall.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law. RoshanEmall and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect RoshanEmall liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

Disclaimer as to ownership of trade marks, images of personalities and third-party copyright

Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.roshanemall.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the services and is in no way an assertion that such services are endorsed by or connected to www.roshanemall.com.

Except where expressly stated to the contrary all persons (including their names and images), third-party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with http://www.roshanemall.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the services and is in no way an assertion that such services are endorsed by or connected to www.roshanemall.com.

Indemnity

You agree to indemnify, defend and hold harmless RoshanEmall and www.roshanemall.com , its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

Variation

RoshanEmall shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website, www.roshanmobile.com.

Invalidity

If any part of this T&C is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the T&C will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please, communicate with us through our Help Desk at Contact Us.

Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire Agreement

The above T&C constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and RoshanEmall. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of RoshanEmall.

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