Terms & Conditions

Terms & Conditions

Humanity Mall, Inc. Cash Back Shopping Program

www.humanitymall.com (“Humanity Mall, Inc.”) offers a service that allows members to earn Cash Back on purchases made at over 1,000 stores. Joining and using Humanity Mall, Inc. is free and simple, requiring only your email address and a password to get started. Humanity Mall, Inc. does not sell or rent your personal information to third parties, and Humanity Mall, Inc. does not ‘spam’ its members. Humanity Mall, Inc. does not install or require you to install software on your computer. In other words, there is no ‘catch’. Humanity Mall, Inc. receives a fee for referring buyers to affiliated stores and uses that fee to pay members Cash Back on their purchases.

Please read this complete member agreement (“Agreement”) for full details on the Humanity Mall, Inc. Cash Back Shopping Program (“Program”). We think you will agree that Humanity Mall, Inc. offers the smartest way to shop online or in-store.

Becoming a Member

By enrolling as a member in the Program (“Member”), or by utilizing any of Humanity Mall, Inc.’ shopping applications (“Applications”), you agree to be bound by this Agreement. Enrollment as a Member is simple: you must provide an email address so Humanity Mall, Inc. can inform you when money or other rewards are credited to your account. Members must be at least eighteen years old and agree not to use the Program for any illegal or fraudulent activity. Please be aware that participation in the Program and the opportunity to earn Cash Back are offered at the sole discretion of Humanity Mall, Inc., and Humanity Mall, Inc. has the right to change this Agreement in whole or in part, at any time, with or without notice.

Earning Cash Back

Earning back a portion of your purchases as Cash Back (“Cash Back”) is straightforward. Choose a store, product, coupon or other offer displayed on www.humanitymall.com an Humanity Mall, Inc. application, click the accompanying shopping link to be directed to an affiliated store’s website (“Affiliate Store”), and complete a purchase to earn Cash Back on your net purchase amount. You may also earn Cash Back on purchases made ‘in-store’ at a limited number of stores by presenting an Humanity Mall, Inc. coupon at time of check out. Such stores and coupons are clearly identified on Humanity Mall, Inc..com. Specific Cash Back amounts vary by store and product category and are provided in detail at Humanity Mall, Inc..com. Please note that the net purchase amount excludes taxes, fees, shipping, gift-wrapping, discounts or credits, returns or cancellations, and extended warranties.

Certain Affiliate Stores exclude a limited number of products and purchases from the Program. Humanity Mall, Inc. does its best to minimize and maintain an up-to-date list of exclusions on www.humanitymall.com. Additionally, to earn Cash Back, you must complete your purchase during the same shopping session you start after clicking on the Humanity Mall, Inc. link. If you visit other sites before completing your purchase or use coupons not provided by Humanity Mall, Inc., your purchase might be associated with a service other than Humanity Mall, Inc. and you might not earn Cash Back on your purchase. If you disable ‘cookies’ on your computer you will not be able to earn Cash Back as cookies are used to authenticate the user and be certain Cash Back is assigned to the Member account.

Earning Bonuses & Other Rewards

Humanity Mall, Inc. periodically offers monetary bonuses or other rewards for sign-up in the Program, for referring other new Members, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid if the terms and conditions differ from this Agreement. To qualify for a sign-up bonus payment, a new Member must establish an Active Account (defined below) and make minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within ninety (90) days of becoming a Member. To qualify for a referral bonus, a Member must refer a new Member who establishes his or her own Active Account and makes his or her own minimum qualifying purchases totaling at least twenty-five dollars ($25.00) within the first ninety (90) days of becoming a Member. Please note that sign-up and referral bonuses are given for the purpose of attracting brand new Members to Humanity Mall, Inc.. An individual person is only eligible for one sign-up bonus and may earn only one referral bonus per individual person referred. To be sent a gift card bonus, Member must have a valid address in the United States or Canada only.

Receiving Payment

To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an active account with Humanity Mall, Inc. (“Active Account”) with the information necessary to process your payment: a valid email address at which you are able to receive email, a valid postal address at which you are able to receive mail, your first and last name, and a password to protect your account. To maintain your Active Account, you must update your information if it changes and have shopped via www.humanitymall.com or an Humanity Mall, Inc. Application or have accrued Cash Back at any time within the last twelve (12) months.

Humanity Mall, Inc. pays its members accrued Cash Back and other rewards every 3 months, at a minimum. Humanity Mall, Inc. pays members in U.S. dollars via check, Paypal, and sometimes other payment options. Members may select or change their payment options in the My Humanity Mall section of www.humanitymall.com. If your check expires without being cashed or deposited or if it is returned to Humanity Mall, Inc., it will be returned to your account, where it will be subject to inactive account maintenance charges described below. Each payment represents Cash Back and other rewards earned and accrued during the prior quarter based on the schedule below. The minimum payment amount is $5.01. Balances below $5.01 remain in your account for potential payment during the next payment period.

Purchase Period Payment Date
Jan 1-Mar 31 May 15
Apr 1-June 30 Aug 15
July 1-Sept 30 Nov 15
Oct 1-Dec 31 Feb 15

Please note that orders from a few Affiliate Stores may be delayed by one pay cycle due to delayed processing and reporting by the stores. We do our best to expedite payments and to maintain a list of stores whose practices might delay our ability to pay Cash Back on your purchase. Humanity Mall, Inc. reserves the right to delay payment for any purchase based on changes to Affiliate Store policies and procedures at any time.

Participation by Nonprofits and Personal Campaigns

There are two (2) types of causes that may participate in the Services: (a) non-profit organizations and schools (each, a “Non-Profit”); and (b) personal campaigns set up by a user of the Service (each, a “Campaign”). Collectively, Non-Profits and Campaigns shall be referred to as “Causes.”

Participation by Causes in the Services is subject to Humanity Mall, Inc. prior approval. Humanity Mall, Inc. reserves the right to refuse participation to any Cause at any time in its sole discretion.

If you submit an application to participate in the Services as a Non-Profit (which you can find here: http://www.humanitymall.com), you represent and warrant that you: 1) have the right to enter into and perform this agreement with Humanity Mall, Inc. on behalf of the Non-Profit, including, but not limited to, the consent of the Non-Profit to use its name and/or logo, and 2) that the information in your application is true, complete and current.

If you submit an application to participate in the Services by creating a Campaign (which you can find here: http://www.humanitymall.com), you represent, warrant and covenant that (i) all information you provide in connection with a Campaign is accurate, complete, and not otherwise designed to mislead, defraud or deceive any user; (ii) all amounts allocated to your Campaign will be used solely as described in the materials that you post; (iii) you will comply with all relevant local, state, and federal laws applicable to you when you solicit funds, particularly but not limited to laws relating to your marketing and solicitation for your Campaign; and (iv) you are not a charity as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”). We reserve the right to provide information relating to your Campaign to donors and beneficiaries of your Campaign, and with law enforcement or to assist in any investigation.

By participating in the Services as a Cause, you grant Humanity Mall, Inc. a worldwide right to: 1) display your Cause listing on the Humanity Mall, Inc. Site; 2) promote your Cause as part of the Services online, in print and any other media; and 3) display your Cause’s trademark, logo, slogans and other source or business identifiers as you provide to Humanity Mall, Inc. in promotion of your Cause.

Humanity Mall, Inc. grants you a non-exclusive, non-transferable license during the participation of your Cause in the Services to use the Services names and logos on your site, in print and other media.

You may terminate the relationship of your Cause with Humanity Mall, Inc. and our right to use the name and logo of your Cause at any time by giving written notice and Humanity Mall, Inc. will cease all such use. Humanity Mall, Inc. acknowledges that you retain all right, title, and interest in and to the name and logo of your Cause and reserves all rights not expressly granted.

Humanity Mall, Inc. may terminate this agreement or remove the listing of your Cause from the Humanity Mall, Inc. Site at any time for any reason. Upon receipt of written notice of termination from Humanity Mall, Inc., you must promptly remove the logo and disable the links from your site to the Services. Upon termination, Humanity Mall, Inc. will mail a check to your Cause within ten days for any donations earned.

Payment to Causes

For revenue earned and collected from qualifying searches on  Humanity Mall, Inc.com each selected Cause will receive a proportion of the revenue we allocate to Causes equivalent to the proportion in which that selected Cause’s supporters use the website relative to the supporters of other listed charities. To determine the amount paid to the selected Cause, we will allocate the lesser of $0.01 per search or 50% of revenues to determine the earnings per search, which we then multiply by that selected Cause’s relative proportion of searches. For instances where a search is done without selecting a Cause, the proportional revenue attributed that search will be used to fund our operations.

For qualifying purchases through Humanity Mall, Inc., each listed Cause will receive a percentage of qualifying purchases from a participating merchant based on the corresponding percentage applicable to that participating merchant, as listed at www.humanitymall.com. For instances where a qualifying purchase is made without the user selecting a Cause, the revenue attributed to that purchase will be used to fund our operations.

With respect to Non-Profits, Humanity Mall, Inc. will send to each listed Non-Profit a check once a year, provided the Cause has accrued $5 or more (cumulative from all Services). If the Cause has earned less than $5, the funds will be donated to other Causes designated by Humanity Mall, Inc. management.

With respect to Campaigns, and provided the Campaign has accrued $5 or more (cumulative from all Services) during the applicable period, Humanity Mall, Inc. will send to the beneficiary of each Campaign checks on the following schedule:

PURCHASES POSTED BETWEEN CHECK SENT
Jan 1-Mar 31 May 15
Apr 1-June 30 Aug 15
July 1-Sept 30 Nov 15
Oct 1-Dec 31 Feb 15

 

If the Campaign has earned less than $5 in any pay period, the funds earned will be rolled over to next pay period.

Checks not cashed within one (1) year after issue will be deemed null and void, and all corresponding funds will instead be donated on behalf of the payees to Causes designated by Humanity Mall, Inc. management.

Notwithstanding the foregoing, Humanity Mall, Inc. shall not be liable for any payment based on any amounts that result from invalid queries or invalid clicks on ads generated by any person, bot, automated program or similar device, as reasonably determined by Humanity Mall, Inc., including without limitation through any clicks or impressions originating from your IP addresses or computers under your control.

To ensure proper payment, Causes are solely responsible for providing and maintaining accurate contact and payment information associated with their account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from the newly issued payment. Causes agree to pay all applicable taxes or charges imposed by any government entity in connection with their participation in the Service. Humanity Mall, Inc. may change its pricing and/ or payment structure at any time. If you dispute any payment, you must notify Humanity Mall, Inc. in writing within thirty (30) days of any such payment; failure to so notify Humanity Mall, Inc. shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by Humanity Mall, Inc.. No other measurements or statistics of any kind shall be accepted by Humanity Mall, Inc. or have any effect under this Agreement.

Payments made to Causes through Humanity Mall, Inc.the Services are tax-deductible contributions.

Notice Regarding Children Under 13

Humanity Mall, Inc. is concerned about the safety and privacy of all its users, particularly children. For this reason, children under the age of 13 are prohibited from using the service without supervision by a legal guardian. Please remember that the Services are designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and Content (defined below) is appropriate for your child.

Updating & Maintaining Your Account

You must be logged into Humanity Mall, Inc. and enter your password to change your account information and payment preferences. You may check your account status and recent earning history at any time via the My Humanity Mall tab on the Humanity Mall, Inc. Website. For security purposes, it is recommended that you memorize your password and not write it down. You are responsible for keeping your password and other account information confidential. Humanity Mall, Inc. is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password.

Receiving Communications from Humanity Mall, Inc.

By signing up for membership at Humanity Mall, Inc., you agree to receive communications that are account and membership related (e.g., that we’ve added money to your account, that we are mailing you a check on a certain date, etc.) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Humanity Mall, Inc. Members. You can opt-out of receiving emails that are not account-related by either (i) visiting your account page and clicking on the Subscriptions link, or (ii) following the unsubscribe link on any of the emails. Since we need to communicate account information with you in order to operate our service, you cannot unsubscribe from account information emails. But rest assured that we don’t send account emails unnecessarily. If you do not wish ever to hear from Humanity Mall, Inc., even if just to hear that we awarded you Cash Back, you can close your account by contacting Humanity Mall, Inc.’ customer service department.

Protecting Your Information

Humanity Mall, Inc. does not sell or rent your information to third parties. Humanity Mall, Inc. requires your name and address in order to send you payment of Cash Back and other rewards earned through Humanity Mall, Inc.. Any other information gathered by Humanity Mall, Inc. will be used only to improve your Humanity Mall, Inc. experience, for example by minimizing the irrelevant content or offers you see and increasing the offers you see from your favorite stores. Such information might include your favorite stores, preferred types of coupons or shopping categories. As detailed in Humanity Mall, Inc.’ Privacy Policy, Humanity Mall, Inc. does not disclose your information to third parties except as necessary (i) for Humanity Mall, Inc.’ agents and service providers to make Humanity Mall, Inc.’ payments to you; (ii) to comply with government agency or court orders or requests; (iii) in providing aggregated or non-personalized marketing services for advertising or store partners; or (iv) for Humanity Mall, Inc.’ agents and service providers to send Humanity Mall, Inc.’ communications to you.

Use of Shopping Cart/Card-Linked-Offer Services

As a Member of Humanity Mall, Inc., you will be able to purchase certain products from certain Affiliate Stores using (a) the Humanity Mall, Inc. shopping cart service (the “Shopping Cart”), a free express online checkout service provided by an Humanity Mall, Inc. affiliate, or (b) the credit-card-linked offer service (the “CLO”; and with the Shopping Cart, each a “Service”), a method that will allow some of your offline purchases with certain Affiliate Stores to qualify for certain Humanity Mall, Inc. rewards. The Services are separate (a user can use the Shopping Cart without participating in CLO or vice versa), but we believe both aspects of the Service will enhance your overall shopping experience.

  1. License to the Service. Subject to the terms and conditions of this Agreement, Humanity Mall, Inc. grants you a limited, non-exclusive, and revocable license to access and use the Service. Humanity Mall, Inc. (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. With respect to the Shopping Cart, while Humanity Mall, Inc. will obtain the shipping cost for you during the checkout process, these policies will not be available for review on the Humanity Mall, Inc. Site during the checkout process. They are, however, available on the respective Affiliate Store’s own website should you wish to review them. With respect to CLO, transactions may be subject to the Affiliate Store’s offline policies, which will not be available for review on the Humanity Mall, Inc. Site during the checkout process.
  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 Humanity Mall, Inc. in order to complete transactions with Affiliate Stores, and you authorize Humanity Mall, Inc. to process and complete payment transactions on your behalf. You also authorize Humanity Mall, Inc. and the Service to store such purchase information including, without limitation, your credit card number, for future purchases and transaction-matching purposes.
  4. Privacy, Security and Information Collection. As a condition of using the Service, you agree that Humanity Mall, Inc. has the right to collect, retain, and use, subject to and in accordance with the terms of its Privacy Policy, information collected in your use of the Service. Your credit card information will be encrypted and stored in the Services databases.
  5. Limitations on Liability. You agree that neither Humanity Mall, Inc. nor the Service is responsible or liable for the availability, accuracy, content, reliability or advertising of the merchandise or services of Affiliate Store sites. This Agreement and the corresponding Privacy Policy only apply when you are on the Site. Once you link to an Affiliate Store’s website, you should read and understand that website’s terms of use and privacy statement before disclosing any personal information. In addition to the limitations of liability set forth in the Agreement below, to the extent allowed by law, the total liability of Humanity Mall, Inc. or the Service to you for any damages related to your use of the Service, regardless of reason, will not exceed US $50.00 (fifty dollars and no cents)
  6. Electronic Communications. We may communicate with you regarding the Service by electronic communications using information you provided during the registration process. You agree that we may communicate with you by means of electronic communications regarding these Terms of Use or the Service, payment and credit card information, and any other matter relating to your use of the Service.
  7. Termination of Service. Humanity Mall, Inc. 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 is to cease using the Service and/or provide Member comments to Humanity Mall, Inc.. You agree that Humanity Mall, Inc. will not be liable to you or to any third party for any modification, suspension, or termination of the Service.

Using Humanity Mall, Inc. Applications

Humanity Mall, Inc. does not install or require you to install any software to access the Cash Back Shopping Program. Members can earn Cash Back on their purchases by using only the Web site www.humanitymall.com. Humanity Mall, Inc. plans to make available a limited number of Applications to assist users in earning Cash Back without visiting www.humanitymall.com (for example, from mobile devices or in-store). If you use Humanity Mall, Inc.’ Applications you agree to use them only for your personal use and for accessing the Program. Humanity Mall, Inc. reserves the right to update or discontinue its Applications at any time. You agree not to reverse engineer, decompile, disassemble, copy or otherwise derive the source code of Humanity Mall, Inc. Applications for any reason. You may not rent, sell, or sublicense Humanity Mall, Inc.’ Applications without Humanity Mall, Inc. prior written consent.

Humanity Mall, Inc. Applications and their underlying information and technology may not be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using Humanity Mall, Inc.’ Applications you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws. All rights to Humanity Mall, Inc.’ Applications are reserved by Humanity Mall, Inc. under the copyright laws of the United States.

Inactive Member Accounts & Termination of Membership

Membership in the Humanity Mall, Inc. program is free: there is no charge to be a Member or to earn and receive Cash Back. If your account is inactive for more than twelve (12) consecutive months, Humanity Mall, Inc. reserves the right to debit your Humanity Mall, Inc. account balance two dollars ($2.00) per month to recover the cost of account maintenance until (i) you reactivate your account by starting a shopping session via www.humanitymall.com Humanity Mall, Inc.’ Applications, completing a qualifying purchase, or updating your account information (providing a valid name, email and mailing address), or (ii) your account balance is zero. If the balance in your inactive account is or becomes zero, Humanity Mall, Inc. will close the account permanently and cease to maintain your account records and Program access. The inactive account maintenance charge will not cause your account balance to become negative and will not cause you to owe money to Humanity Mall, Inc..

Program Limitations, Qualifications & Disclaimers

Membership in the Program is subject to this Program Agreement. All Affiliate Store membership and/or operating agreements as they relate to their affiliate or partner programs with Humanity Mall, Inc. and which reside on the Affiliate Store’s respective Web sites are hereby incorporated into this Agreement by reference.

Membership in the Program is limited to individuals who are 18 years of age or older. Members may not use scripts or disguised redirects to derive financial benefit from Humanity Mall, Inc.. Members must have Internet access and maintain a valid email address to be eligible to receive the privileges and benefits of membership.

Any failure to comply with this Program Agreement, any fraud or abuse relating to the accrual or receipt of Cash Back rewards, or any misrepresentation of any information furnished to Humanity Mall, Inc. or its affiliates by you or anyone acting on your behalf may result in the termination of your membership in the Program and forfeiture of your accrued Cash Back rewards.

The determination of whether or not a purchase made through an Humanity Mall, Inc. Affiliate Store qualifies for Cash Back is at the sole discretion of Humanity Mall, Inc.. If an Affiliate Store fails to report a transaction to Humanity Mall, Inc. or withholds payment to Humanity Mall, Inc. for any reason, Humanity Mall, Inc. reserves the right to cancel the Cash Back associated with that transaction. If Humanity Mall, Inc. has any reason to suspect fraudulent activity is associated with your account, Humanity Mall, Inc. reserves the right to delay or withhold payment of Cash Back. You give Humanity Mall, Inc. permission to review your account with Affiliate Stores in cases where Humanity Mall, Inc. suspects fraudulent activity. Humanity Mall, Inc. is not responsible for lost or stolen payments, including gift cards. Humanity Mall, Inc. is not responsible for payments delivered to the wrong address through no fault of Humanity Mall, Inc. or for payment errors made by payment partners like PayPal.

It is your responsibility to check your account regularly to ensure that Cash Back has been properly credited and paid and that your account balance is accurate. If you do not believe that Cash Back has been correctly credited to your account you must contact Humanity Mall, Inc. Customer Service within 90 days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

You may be taxed on your receipt of cash and other consideration (merchandise, travel, etc.) for member referrals, depending on the tax laws of federal, state, and local jurisdictions. Humanity Mall, Inc. may choose to provide you with those notices to you on occasion. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for member referrals.

Humanity Mall, Inc. is not responsible for changes to, or discontinuance of, any Affiliate Store, or for any Affiliate Store withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal. Humanity Mall, Inc. is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliate Store site.

The Humanity Mall, Inc. Program and Applications are being provided to member “as is” with no warranty. Humanity Mall, Inc. reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, Humanity Mall, Inc. disclaims all representations and warranties, express or implied, with respect to the Program and Applications.

Humanity Mall, Inc. does not warrant, guarantee, or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by Affiliate Stores in conjunction with the Program. In addition, Humanity Mall, Inc. does not warrant that access to this site or use of its Applications will be uninterrupted or error-free, and Humanity Mall, Inc. assumes no responsibility for any damage caused by your access or inability to access www.humanitymall.com or Humanity Mall, Inc.’ Applications.

Member agrees to indemnify and hold Humanity Mall, Inc., its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of Member’s use of the Program.

Humanity Mall, Inc. may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the Terms & Conditions page of the Humanity Mall, Inc. Web site regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules. As a condition of the use of the Humanity Mall, Inc. website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Cruz, California and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of Santa Cruz.

If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Humanity Mall, Inc.’ failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Humanity Mall, Inc. with respect to the Program.

Effective Date: March 1, 2017