Terms And Conditions
Account : Each Registered JaiDee App Member and CashBack Account User has their own account which only stores the basic information JaiDee App needs to be able to return Cashback to CashBack Account Users and identifies the JaiDee App Member or CashBack Account User via a unique email address.
Anonymous JaiDee App Member : A JaiDee App Member who does not complete an account registration, thereby remaining anonymous on JaiDee App.
Cause(s) : All Managed Causes and Unmanaged Causes.
JaiDee App Member : A Registered JaiDee App Member or Anonymous JaiDee App Member who uses JaiDee App to purchase goods via featured retailers on JaiDee App Services or supports their chosen Causes.
CashBack Account User : A shopper who uses JaiDee App to purchase goods via featured retailers on JaiDee App Services to generate commission which is then retained by the shopper (‘CashBack Account’).
Managed Cause : A cause that has registered via JaiDee App’s cause application process and confirmed contact and payment details.
Registered JaiDee App Member:A JaiDee App Member that has registered via JaiDee App’s Member application process.
JaiDee App Services : these services comprise www.jaideeapp.com (‘the Website’) and associated mobile/tablet and desktop applications that can be downloaded.
Unmanaged Cause : A cause that has been supported by a JaiDee App Member but has not yet confirmed contact details and/or details to receive payments.
2. Terms and Conditions for JaiDee App Members
As an Anonymous JaiDee App Member, a Registered JaiDee App Member, or a CashBack Account User of JaiDee App Services you agree to abide by the following terms and conditions (the ‘Terms and Conditions’). If you do not agree with these Terms and Conditions, you are required to stop using JaiDee App Services immediately. By registering as a Registered JaiDee App Member you are automatically opted into the regular newsletter from JaiDee App. If for some reason you do not wish to receive regular newsletters from us, you can change your preferences by editing your Account details.
3.1 As an Anonymous JaiDee App Member, a Registered JaiDee App Member, or a CashBack Account User, by using JaiDee App Services you will earn a share of commission on qualifying purchases which can either be allocated or donated, so that it may support your suggested Cause or Causes, or retained as a CashBack Account. A JaiDee App Member or CashBack Account User may change their instructions to JaiDee App regarding any commission received by JaiDee App but not already paid over as a donation or paid back to a CashBack Account User.
3.2 JaiDee App reserves the right to refuse membership or terminate accounts without notice at any time.
4.1 You must be logged in to JaiDee App Services in order to generate commission.
4.2 Any transactions for goods or services are made directly with the retailers that you purchase from and not with JaiDee App. Accordingly, JaiDee App does not have any of the legal obligations that apply to such retailers.
4.3 In order for your purchases to generate commission which can then be donated to JaiDee App so that it may support your suggested Cause or Causes or retained as CashBack Account, it is essential that you click through the retailer’s link using JaiDee App Services. Reaching a retailer by any other means will not result in any donations or retained money being generated from that purchase.
4.4 50% of Commission raised via JaiDee App Services is the exclusive property of the JaiDee App Members. JaiDee App receives commissions on behalf of the JaiDee App Member. Each JaiDee App Member can use the commission they earn either to donate through JaiDee App, which will use its best endeavours to subsequently apply such funds to the JaiDee App Member’s chosen Cause or Causes, or retained by the CashBack Account User. In order for donations or Cashback to be earned, commission must be received by JaiDee App from the retailer. JaiDee App accepts no responsibility if commission is not received from the retailer. After receiving the commission from the retailer, JaiDee App will then allocate the share of commissions received as JaiDee App Member and add your reward to the CashBack Account User’s CashBack Account in accordance with the JaiDee App Member’s instructions.
4.5 Donations and CashBack Account are not payable on refunded or reversed sales.
4.6 Donations can only be done by JaiDee App members once the total amount of commission received has exceeded THB 1,000.00. Donations to charities made directly by JaiDee App Members are non-refundable.
4.7 Gift Aid can be claimed on donations made by JaiDee App UK Members who are UK tax payers (see paragraph 5 Gift Aid, below).
4.8 All transactions are electronically logged and reported back by the retailer. JaiDee App makes every effort to ensure that retailers are correctly reporting their sales. However JaiDee App is not responsible should the retailers fail to report back any sale. In the rare case that this does occur JaiDee App will make every effort to obtain the commission from the retailer on your behalf; however the retailer’s decision is final. If for some reason generated commission cannot be matched to a particular Account, JaiDee App will make best efforts to select the most likely Account and allocate the commission as a donation or Cashback on that basis.
4.9 Should a retailer delay or cancel payment for any reason or cease trading then we will attempt to recover the commission. However, JaiDee App cannot be held responsible for lost commission as a result of errors or changes made by a retailer or its trading condition.
4.10 Unless otherwise stated, commission is only available on purchases completed online or through the JaiDee App app. No commission will be paid on orders made verbally by phone or post. Orders placed online that are later completed or revised verbally by phone are also not eligible for commission. In this instance you are advised to cancel the order and place a new order online through JaiDee App in order to earn commission from your transaction.
4.11 Each offer is governed by individual terms and conditions. Please check with the retailer concerned for full details. JaiDee App reserves the right to remove or amend any offer at any time without notice.
4.12 The individual commission values shown have been rounded to two decimal places for display purposes. As many as eight decimal places may be present in the actual commission. The commission totals are calculated using the actual commission values, rather than the displayed values.
4.13 All donations will be direct transferred by the JaiDeeApp members to their selected charity or cause.
5. Gift Aid (UK Only)
5.1 Gift Aid increases the value of donations to charities, charitable companies, charitable trusts and Community Amateur Sports Clubs, by allowing these organisations to reclaim basic rate tax on qualifying donations.
5.2 JaiDee App Members can enable Gift Aid to be claimed on their donations to registered charities through JaiDee App by certifying that they are a JaiDee App Member who pays UK tax and wishes such a claim to be made on their donation.
5.3 By certifying that you are eligible for Gift Aid, you are consenting to the registered charity through JaiDee App reclaiming Gift Aid on your donation. JaiDee App will then allocate the donation and a proportion of the Gift Aid reclaimed to your nominated Cause or Causes.
5.4 Please note that whilst JaiDee App will endeavour to ensure that every donation is paid to the Cause or Causes of your choice, JaiDee App retains absolute discretion to allocate donations as it sees fit. In cases where JaiDee App considers the Cause or Causes of your choice to be unsuitable or unable to receive charitable donations through JaiDee App, your donation and any Gift Aid reclaimed will be paid to a Cause or Causes of JaiDee App’s choosing. If this occurs we will notify you of the recipient of your donation.
5.5 A maximum of 20% in aggregate of all Gift Aid successfully claimed by JaiDee App charity will be retained by JaiDee App to cover its incremental administration costs.
6. CashBack Account
6.1 The primary purpose of JaiDee App is to save you money and so to generate donations for charitable organisations. However, shoppers are able to retain generated commission as Cashback in their CashBack Account.
6.2 In order to retain commission as Cashback, CashBack Account Users will need to provide their payment receiving details, ( Bank account or other acceptable payment details) by completing the member registration to setup a CashBack Account, the email address to be used, their Bank account details confirming the bank, sort code and account number, their postal address, etc.
6.3 A maximum of 50% of all sales commission generated will be retained by JaiDee App to cover its reasonable administration, distribution and agent commission costs.
6.4 Cashback will only be payable once the total amount of commission received has exceeded THB 1,000, US$ 50 or 50GBP or the CashBack Account User closes their account with JaiDee App.
6.4.1 To redeem your cashback into your bank account, you must be in possession of a bank account active in the country of purchase. i.e. JaiDee App members in Thailand must have a Thai bank account.
6.4.2 In the event a JaiDee App account becomes dormant (an account that has not been activated in a 12 month period may be considered dormant) then after JaiDee App has made every attempt to contact that member, through the registered contact details, the account may be closed and any remaining funds will be allocated to the JaiDee App charity of the Year, after any and all reasonable administration costs have been deducted.
6.4.3 All transfer or banking fees associated with redeeming the members funds are at the sole expense of the redeeming member.
6.4.4 JaiDee App does not currently allocate an administration charge for members who wish to redeem their cashback reward. However, JaiDee App reserves the right to possibly add an administration charge in the future, should it become necessary.
6.4.5 Commission pay-outs received by Jaidee Services Co Ltd are held as our funds until such time as they are sent in the form of cashback to our members. Once a pay-out has been made there may be a small period before you can request your next pay-out.
6.4.6 Should a retailer delay pay-out or cease trading then we will make every reasonable effort to recover your cashback but we can make no guarantees to pay-out until funds have been received from the retailer or their agents.
6.5.1 Please note that the details requested in paragraph
6.5.2 can only be amended by editing your account information through the jaideeapp.com website or through the app.
6.6 Individual pay-out methods are subject to change and may be restricted on a discretionary basis. Pay-out details must be kept accurate by yourself to avoid losing any due pay-outs. Pay-outs made to incorrect destinations are not always recoverable and may be subject to a recovery fee. We will not be held liable for any delays, or consequences of delays in pay-out. At any point we reserve the right to put pay-out requests on hold pending any investigation, this may be the case where unusual account activity is detected and verification is therefore required in order to deem the transactions as genuine.
6.7 It is your responsibility to ensure that any tax that may be due is paid accordingly.
7. Your responsibilities
7.1 JaiDee App system is linked to your computer or mobile device allowing cookies. It is therefore your responsibility to ensure that cookies are enabled.
7.2 If your account is considered to be dormant and showing no transaction for 6 months or more, JaiDee App reserves the right to terminate your account without notice. JaiDee App will apply any account balance in accordance with JaiDee App member's requests or final instructions or may be attributed to the Jai Dee App Charity of the Year, at Jai Dee App's discretion.
7.3 By using JaiDee App Services, you agree to access the content only for your personal, non-commercial use. No part of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written permission of the copyright holder. This excludes downloading, copying and / or printing of JaiDee App Services pages for personal, non-commercial home use only.
8. JaiDee App’s Responsibilities and Rights
8.1 JaiDee App reserves the right to modify any of the Terms and Conditions at any time. In this event we will notify JaiDee App community of any changes by posting the revised Terms and Conditions on JaiDee App Services.
8.2 JaiDee App Services includes links to third party websites that are controlled and maintained by other parties. Any link to other websites on JaiDee App Services is not an endorsement of such websites and you acknowledge and accept that we are not responsible for the content or availability of any such websites.
8.3 The content of JaiDee App Services is not intended to be taken as advice and should not be relied upon in making any decision.
8.5 All copyright, trademarks and all other intellectual property rights in JaiDee App Services and its content (including without limitation the website design, text graphics, all software and source codes connected with JaiDee App Services) are owned by or licensed to JaiDee App or otherwise used by JaiDee App as permitted by law.
8.6 JaiDee App Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.7 To the extent permitted by law, JaiDee App will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of JaiDee App Services (including, without limitation, any liability arising out of or in connection with any transactions with retailers or any goods or services purchased via JaiDee App Services).
8.8 Jai Dee App cannot be held responsible under any circumstances for damages of any nature (including but not limited to, direct or indirect damages resulting from the loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use JaiDee App Services and associated programs and applications.
8.9 JaiDee App retains the right to suspend or terminate any Account for any breach of any provision of these Terms and Conditions.
8.10 JaiDee App cannot guarantee that JaiDee App Services, associated programs and applications will be error free, that defects in them will be corrected or that they or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
8.11 In the event of war, invasion, act of foreign enemy hostilities (whether war has been declared or not) civil war, rebellion, revolution, insurrection, or military or usurped power or health emergancies, then JaiDee App shall be relieved of any and all liabilities incurred under these Terms and Conditions.
8.12 These Terms and Conditions constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
8.13 If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term or condition shall be severed and the remaining terms and conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
8.14 These terms and conditions are governed by the laws of Thailand and the Thai courts will have exclusive jurisdiction in relation to any and all disputes arising in connection with these Terms and Conditions.
9. Terms and Conditions for Causes
9.1 As a Managed Cause, you agree to appoint JaiDee App as a non-exclusive, royalty free licensee to use your name and logo in connection with JaiDee App Services and related promotional materials, programs and applications. The territory focus will be Thailand (the ‘Territory’) & U.K. with additional territories added as and when we expand..
9.2 As an Unmanaged Cause we will track donations generated for you until you register to be a Managed Cause. To register to be a Managed Cause we will need correct bank details and a contact name and email address. We reserve the right to cancel your account and transfer any donations to our cause of the year, which is currently and will remain until further notice, Spectrum in Thailand.
9.3 JaiDee App undertakes with all Causes that it shall:
9.3.1 Promote awareness of JaiDee App Services throughout the Territory to the best of its abilities;
9.3.2 be responsible for the production, promotion, marketing and publications of JaiDee App Services and to that end may enter into such reasonable agreements as it shall deem fit so as to fulfil its obligations under this agreement;
9.3.3 Ensure that JaiDee App Services shall be of good quality and complies in all respects with all relevant statutory standards and shall contain a statement to this effect;
9.3.4 make regular payments to all Causes with a balance greater than THB 1,000, US$ 50 or £50, who have provided Bank account details. Please note, JaiDee App is unable to pay any Cause who has not provided Bank account details through the application and will withhold payments until these details are received; and
9.3.5 will state on all notices, advertisements and other documents soliciting funds for a Cause which is a charity the fact that the charity is a registered charity and its registered charity number,
9.4.1 not bring the name or the logo of any Managed Causes into disrepute in any way whatsoever and that none of its activities or those of any subsidiary or holding company are or will be inimical to the activities of the Managed Cause; and
9.4.2 include all Managed Causes in the list from which random Causes are selected where a JaiDee App Member chooses this method of selecting Causes to support.
Last updated: 29th February 2020
10. Obligations of Managed Causes
10.1 Each Managed Cause undertakes with JaiDee App that it shall:
10.1.1 provide a link from its website to JaiDee App’s website;
10.1.2 actively promote the use of JaiDee App to reach its own fund raising goals via this agreement;
10.1.3 allow JaiDee App to share Cause comments and endorsements via social media channels; and
10.1.4 use JaiDee App’s “email your JaiDee App Members” facility for communications relating to JaiDee App, usage by your JaiDee App Members (e.g. to say thank you) or to mention fundraising events. We ask that you do not use this free facility to promote companies other than those affiliated with JaiDee App, as that would be unfair and cause JaiDee App to breach its privacy obligations to JaiDee App Members.
10.1.5 ensure that your account’s contact details are kept up to date so that we can keep your Cause updated about donation transfers and any other important information relating to your account or JaiDee App Members associated with it.
11. Obligations of Unmanaged Causes
Each Cause which has agreed to accept donations undertakes with JaiDee App that it shall allow its name to be included in the list of Causes for JaiDee App Members to support on JaiDee App Services and associated programs and applications.
12. Payments to Causes
12.1 In cases where the JaiDee App Member is not eligible for Gift Aid or does not wish Gift Aid to be claimed on their donation, JaiDee App shall allocate the nominated share of the commission received from retailers directly to the nominated Cause or Causes on behalf of the JaiDee App Member.
12.2 The donations to be paid to each Cause are selected as a percentage of the Jai Dee App members’ share of specific commission payments.
12.3 In cases where the JaiDee App Member is eligible for Gift Aid and wishes Gift Aid to be claimed on their donation, the commission generated and any Gift Aid received and allocated to Causes will be paid by JaiDee App to the nominated Cause or Causes on behalf of the JaiDee App Member.
12.4 The donations to each Cause are calculated based on the monthly summation of specific commission paid to the JaiDee App and the Gift Aid returned to JaiDee App, noting the following criteria:
12.4.1 a maximum of 50% in aggregate of the commission matched to specific JaiDee App Members will be retained by JaiDee App to cover its reasonable administrative costs; and
12.4.2 a maximum of 20% in aggregate of the Gift Aid recovered will be retained by JaiDee App to cover its reasonable and incremental administrative costs.
13. Dormant Cause Accounts
13.1 If there has been no donation or payment activity on a cause account for over 12 months, we consider these accounts to be dormant.
13.2 For dormant accounts that have a positive balance, we will take reasonable steps to contact the cause to enable payments to be made. Where we have been unable to obtain the relevant details requested, JaiDee App reserves the right to transfer funds raised into JaiDee App charity of the year, which is currently Spectrum.
13.3 JaiDee App Accounts that become dormant and the balance of those accounts transferred to the selected charity will be charged an administration fee, up to THB 1,000.00, US$ 50 or GBP 50 to cover any and all JaiDee App administration charges. This figure will be in addition to any banking or transfer fees associated with the transferring of funds.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.