Terms and Conditions
Last updated: 20th December 2016
MilkADeal Cashback Shopping Program
Welcome to MilkADeal! By using our Site or any MilkADeal Services, you are subject to the following
MilkADeal.com offers a service that allows members to earn cashback on purchases made at over 300 stores. With only your email address and a password, you can join and use MilkADeal. It is that easy! And the best part, it’s free to sign up! MilkADeal does not sell or rent your personal information to third parties, and MilkADeal does not 'spam' its members. MilkADeal does not install or require you to install software on your computer. In other words, there is no 'catch'. MilkADeal receives a fee for referring buyers to affiliated stores and uses that fee to pay members cashback on their purchases.
Please read this complete member agreement ("Agreement") for full details on the MilkADeal Cashback Shopping Program ("Program").
Becoming a Member
By enrolling as a member in the Program ("Member"), or by utilizing any of MilkADeal’s shopping applications ("Applications"), you agree to be bound by this Agreement. Enrollment as a Member is simple: you must provide an email address so MilkADeal can inform you when money or other rewards are credited to your account. Members will provide accurate information when creating an account or registering for MilkADeal Services; are solely responsible for your User ID and the activity that occurs while signed in to or while using MilkADeal using your User ID. Members must be at least 13 years of age or older, but are 18 years of age or older to purchase items 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 cashback are offered at the sole discretion of MilkADeal, and MilkADeal has the right to change this Agreement in whole or in part, at any time, with or without notice.
Earning back a portion of your purchases as cashback ("Cashback") is straightforward. Choose a store, product, coupon or other offer displayed on MilkADeal.com, click on the accompanying shopping link to be directed to an affiliated store's website ("Affiliate Store"), and complete a purchase to earn Cashback on your net purchase amount. You may also earn Cashback on purchases made 'in‐store' at a limited number of stores by presenting a MilkADeal coupon at time of check out. Such stores and coupons are clearly identified on MilkADeal.com. Specific Cashback amounts vary by store and product category and are provided in detail at MilkADeal.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. MilkADeal does its best to minimize and maintain an up‐to‐date list of exclusions on MilkADeal.com. Please note that to earn Cashback, you must complete your purchase during the same shopping session you start after clicking on the MilkADeal link. If you visit other sites before completing your purchase or use coupons not provided by MilkADeal, your purchase might be associated with a service other than MilkADeal and you might not earn cashback on your purchase. If you disable 'cookies' on your computer you will not be able to earn Cashback as cookies are used to authenticate the user and be certain Cashback is assigned to the Member account.
Earning Bonuses & Other Rewards
MilkADeal 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 referral or bonus reward, a new Member must establish an Active Account (defined below). To qualify for a referral reward, a Member must first refer a new Member who establishes his or her own Active Account via the unique referral link. Please note that sign-up and referral rewards are given for the purpose of attracting new Members to MilkADeal.
Referral reward is awarded to the Member and is calculated as a percentage of Transactional Cashback that is earned by the Referred Member within a 12-month period from when the Referred Member successfully signs up for a MilkADeal account. Referral rewards will be credited to the Member's MilkADeal account. In the event the Referred Member's Transactional Cashback is voided for any reason, the same applies to the Member's referral rewards.
We reserve the right to disqualify any Member or Referred Member at any time from participation in the Program if such Member or Referred Member does not comply with any of these Terms and Conditions and/or any other terms and conditions for other MilkADeal services.
Referrers may not misuse or exploit the Program, and accordingly may not, for example, create multiple or fake accounts under his/her/its name or participate in the Program using multiple or fake email addresses or identities.
Additionally, Members must not use any paid advertisement to promote this Program, including but not limited to, paid search marketing, advertisements (banners), affiliate networks, paid email campaigns and other similar methods. Members may not use illegal or otherwise objectionable content in connection with any communications relating to the program and/or any referrals made under the Program.
We reserve the right to modify or amend at any time without prior notice, the methods through which referral rewards are earned.
To receive payment of accrued Cashback and any other rewards, you must establish and maintain an active account with MilkADeal ("Active Account") with the information necessary to process your payment. To receive a bank transfer payment, you will need to have a valid and verified email address at which you are able to receive email, a valid Bank Account Number, a valid Bank Account Name, a valid Bank Name, a valid identification document (Identification Card / Passport Number), 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 MilkADeal.com or a MilkADeal Application or have accrued Cashback at any time within the last twelve (12) months.
MilkADeal pays its members accrued Cashback and other rewards on request. MilkADeal pays members in Ringgit Malaysia via bank transfers. Each payment represents Cashback and other rewards earned and accrued during the period. The minimum payment amount is RM10.00. Members with balances below RM10.00 will not be able to cash out and will have to accrue Cashback until it is RM10.00 or above to be able to cash out.
Please note that orders from a few Affiliate Stores may be delayed 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 Cashback on your purchase. MilkADeal reserves the right to delay payment for any purchase based on changes to Affiliate Store policies and procedures at any time.
Updating & Maintaining Your Account
Receiving Communications from MilkADeal
By signing up for membership at MilkADeal, 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 MilkADeal Members. You can opt-out of receiving emails that are not accountrelated by 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 MilkADeal, even if just to hear that we awarded you Cashback, you can close your account by contacting MilkADeal’s customer service department.
Protecting Your Information
Inactive Member Accounts & Termination of Membership
Membership in the MilkADeal program is free: there is no charge to be a Member or to earn and receive Cashback. If your account is inactive for more than twelve (12) consecutive months, MilkADeal reserves the right to terminate your account and forfeit any accrued cashback rewards. To maintain an active account, you are required to start a shopping session via MilkADeal.com / MilkADeal’s Applications or complete a qualifying purchase.
We reserve the right to suspend or terminate your account if there is any evidence of suspected fraud and/or irregularities. Failure to abide by the spirit of the program will result in the forfeiture of your accrued cashback rewards and will lead to the termination of your account.
The MilkADeal site and all its contents are copyrighted materials, protected by Malaysian and international copyright laws. The compilation of content on our web site is the exclusive property of MilkADeal and may not be used for any other purpose other than as set forth on the site. The services and information provided herein are solely for your own private use. You are only permitted to use the MilkADeal site as expressly authorised. Nothing contained herein transfers any express or implied right, title or interest in this web site to you. As between you and us, you retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that you post to the Site. You grant us an irrevocable, perpetual, non‐exclusive, royalty-free, fully paid, worldwide license, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
Governing Law And Dispute Resolution
The Site is controlled by MilkADeal from Kuala Lumpur, Malaysia. This Agreement, your use of the Site, and all related matters are governed solely by Malaysian laws, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the Kuala Lumpur Regional Centre for Arbitration (the “KLRCA”), in accordance with the procedures of the KLRCA Rules of Arbitration, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Kuala Lumpur, Malaysia. Notwithstanding the foregoing, you or MilkADeal may seek injunctive relief from an appropriate court located in Kuala Lumpur, Malaysia prior to or during the arbitration. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Site, this Agreement, or any related matters must be commenced within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
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 MilkADeal 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 MilkADeal. 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 cashback rewards, or any misrepresentation of any information furnished to MilkADeal 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 Cashback rewards.
The determination of whether or not a purchase made through a MilkADeal Affiliate Store qualifies for Cashback is at the sole discretion of MilkADeal. If an Affiliate Store fails to report a transaction to MilkADeal or withholds payment to MilkADeal for any reason, MilkADeal reserves the right to cancel the Cashback associated with that transaction. If MilkADeal has any reason to suspect fraudulent activity is associated with your account, MilkADeal reserves the right to delay or withhold payment of Cashback. You give MilkADeal permission to review your account with Affiliate Stores in cases where MilkADeal suspects fraudulent activity. MilkADeal is not responsible for lost or stolen payments, including gift cards. MilkADeal is not responsible for payments delivered to the wrong address and wrong bank account through no fault of MilkADeal or for payment errors made by payment partners.
It is your responsibility to check your account regularly to ensure that Cashback has been properly credited and paid and that your account balance is accurate. If you do not believe that Cashback has been correctly credited to your account you must contact MilkADeal 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. MilkADeal 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.
MilkADeal 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 Cashback caused by such changes, discontinuance, or withdrawal. MilkADeal is not responsible for changes to, or discontinuance of, any special offer or coupon code at an Affiliate Store site.
The MilkADeal Program and Applications are being provided to member "as is" with no warranty. MilkADeal reserves the right to terminate the Program at any time with or without notice. To the maximum extent permitted by law, MilkADeal disclaims all representations and warranties, express or implied, with respect to the Program and Applications.
MilkADeal 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, MilkADeal does not warrant that access to this site or use of its Applications will be uninterrupted or error‐free, and MilkADeal assumes no responsibility for any damage caused by your access or inability to access MilkADeal.com or MilkADeal’s Applications.
Member agrees to indemnify and hold MilkADeal, 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.
MilkADeal 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 MilkADeal 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.
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. MilkADeal’s 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 MilkADeal with respect to the Program.