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Seashells Technologies Inc. ("Company") maintains this Web site (the "Site") as a service to our customers (collectively, "User" or "you"). By using this Site, the User agrees to accept and abide by the Terms and Conditions of Use set forth in this agreement and agrees to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site. Company may revise or modify these Terms and Conditions of Use at any time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User's acceptance of the Terms and Conditions of Use as so revised or modified.

Seashells Instant Cash Back Rewards Program

ShopSeashells.com ("Seashells") offers a service that allows members to earn cash back on purchases made at over 150 stores. Joining and using Seashells is free and simple. Seashells does not sell or rent your personal information to third parties, and Seashells does not 'spam' its members. Seashells does not install or require you to install software on your computer. Seashells receives a fee for referring buyers to retailers and uses that fee to pay members cash back on their purchases.

Please read this complete member agreement ("Agreement") for full details on the Seashells Instant Cash Back Shopping Program ("Program").

Becoming a Member

By enrolling as a member in the Program ("Member"), or by utilizing any Seashells' shopping platform ("Applications"), you agree to be bound by this Agreement. Enrollment as a Member is simple: you must provide an email address to access ShopSeashells.com and our exclusive offers. 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 Seashells, and Seashells has the right to change this Agreement in whole or in part, at any time, with or without notice.

Earning Cash Back

As a Seashells user, earning a portion of your purchases as cash back ("Cash Back") is straightforward. Choose a store/retailer (collectively, “Retailers”) displayed on ShopSeashells.com. Enter the amount of your total transaction displayed on the retailers’ checkout page or the total of the purchase you are making ‘in-store’, and confirm your purchase from Seashells before you complete the purchase with the retailer.
When you complete the transaction with Seashells, you’ll be given a code to enter in the gift card/promo code field on the Checkout page of the retailer’s website you are shopping at. If you’re ‘in-store’, simply notify the cashier you’re paying with a gift card and present them with the code on your phone. When you are about to complete a purchase to earn Cash Back, enter the exact total purchase amount of the transaction you’re making on our website. You’ll pay that exact amount to Seashells, and then be immediately credited the Cash Back amount to your Seashells account based on the percent offered for that retailer.
You may also earn Cash Back on purchases made 'in-store' by presenting a gift card code/bar code you purchased from Seashells to the clerk at the register. Such retailers are clearly identified on ShopSeashells.com. Specific Cash Back amounts vary by retailer.

Seashells does its best to maintain an up-to-date list of exclusions or specific gift card conditions that need to be met on ShopSeashells.com.
Once a gift card has been issued, any changes in your cart, the price of your items, or discount codes will not alter the gift card price. For the most accurate cashback amount, wait until all promotions have been applied, and use Seashells right before purchase. If the amount you’ve entered is incorrect, Seashells is not responsible for the gift card that was purchased.

Earning Bonuses & Other Rewards

Seashells 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. Please note that sign-up and referral bonuses are given for the purpose of attracting brand new Members to Seashells. An individual person is only eligible for one sign-up bonus and may earn only  one referral bonus per individual person referred. Anyone who does not do their own shopping via their own account on ShopSeashells.com do not count as qualified referrals.
If you attempt to take advantage of any bonuses or promotions, we reserve the right to bill or charge your payment method to compensate for the amount you received. We reserve the right to close any/all accounts created for such purposes.

Payment Options

When you make a purchase on Seashells, we accept various forms of payment, including credit cards, debit cards, your linked bank account or credit provided by us in your Member Account, however it is your responsibility to retain the relevant payment card or bank account for purpose of any refund transaction from Seashells. By making the purchase on Seashells, you warrant that you are authorized to use the designated debit/credit card or bank account and you authorize us to charge your designated credit/debit card or bank account for any order you place on ShopSeashells.com. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the designated credit/debit card or bank account cannot be verified, is invalid or is otherwise not acceptable to Seashells, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying on Seashells until a valid, verifiable credit/debit card or bank account is on file with your Member Account and/or (iii) suspend or terminate your account on Seashells. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card, bank account related fees, or overdraft fees associated with any order you use a debit card or bank account for. You agree to fully cooperate with Seashells in an effort to resolve any problems we encounter in order to process your requested order on Seashells.

Receiving Payment

To receive payment of accrued Cash Back and any other rewards, you must establish and maintain an active account with Seashells ("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, a phone number and a password to protect your account. To maintain your Active Account, you must update your information if it changes and have shopped via ShopSeashells.com or have accrued Cash Back at any time within the last twelve months.

Seashells users receive Cash Back instantly to their Seashells account balance when a purchase is completed. If a user decides to cash out their Cash Back, the payment in most cases takes 24-48 hours, but is subject to delays. Seashells members receive Cash Back in U.S. dollars. Members may select or change their payment options in the Add Payment section on the Account page of ShopSeashells.com. If you decide to Deactivate your account with cash still in it, we are not responsible for cashing out the balance.

A cash out can only occur to a bank account you’ve linked at ShopSeashells.com, or to a valid Paypal account by providing us your Paypal account email. We send the Cash Back to the PayPal email provided. If there is an issue, we’ll do our best to help resolve it, but Seashells is not responsible if the email provided was not valid.

Seashells encourages its users to pay for their gift cards with their linked bank account as well, as you earn higher Cash Back bonuses when using your bank account. This is due to the high fees associated with credit card transactions versus bank payments.

We do our best to expedite payments, and to maintain a list of retailers whose practices might delay our ability to pay Cash Back on your purchase. Seashells reserves the right to delay payment for any purchase based on changes to our Retailers’ policies and procedures at any time.

Refund policy

If you purchase a digital gift card through Seashells and for some reason you do not receive your digital gift card code, you are entitled to receive a full refund or exchange from Seashells. Once you receive your digital gift card code, your only recourse for refunds, returns and exchanges is with the applicable Retailer. Although we believe the applicable Retailer will grant refunds and/or accept returns according to its customary refund policy, we cannot guarantee this because we do not control any Retailer. Except as expressly defined herein, all digital gift card sales on the Seashells platform are final and there are no cancellations, refunds or exchanges permitted. Users are solely responsible for making sure the digital gift card amount they purchase matches the amount they intended to purchase.

Gift Card Rules of Conduct

- You cannot purchase more than $10,000 worth of face value Gift Cards per day;

- The Gift Card must be able to used within the U.S.;

- You must reside in the U.S. and transact any purchase or sale transaction on Seashells only from within the U.S.;

Updating & Maintaining Your Account

You must be logged into ShopSeashells.com 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 on the Account page on the Seashells 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. Seashells 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 Seashells

By signing up for membership at ShopSeashells.com, you agree to receive communications that are account and membership related (e.g., that we've added money to your account, that a transaction has occurred, etc.) as well as periodic shopping-related emails that highlight coupons & special deals that are available to Seashells Members. You can opt-out of receiving emails that are not account-related by either 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 Seashells, even if just to hear that we awarded you Cash Back, you can close your account by contacting Seashells' Support or on the Account page.

Protecting Your Information

Seashells does not sell or rent your information to third parties. Seashells requires your name and address in order to validate your credit card (or bank account) and identity. Any other information gathered by Seashells will be used only to improve your Seashells experience, for example by minimizing the irrelevant content or offers you see and increasing the offers you see from your favorite retailers. Such information might include your favorite retailers, preferred types of deals or shopping categories. As detailed in Seashells' Privacy Policy, Seashells does not disclose your information to third parties except as necessary (i) for Seashells' agents and service providers to make Seashells' 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 Seashells' agents and service providers to send Seashells' communications to you.

Using Seashells Applications

Seashells does not install or require you to install any software to access the Instant Cash Back Shopping Program. Members can earn Cash Back on their purchases by using only the Web site ShopSeashells.com. ShopSeashells plans to eventually make available a limited number of Applications to assist users in earning Cash Back without visiting ShopSeashells.com (for example, from mobile devices or in-store). If you use Seashells' Applications you agree to use them only for your personal use and for accessing the Program. Seashells 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 Seashells’ Applications for any reason. You may not rent, sell, or sublicense Seashells' Applications without Seashells prior written consent.

Seashells 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 Seashells' 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 Seashells' Applications are reserved by Seashells under the copyright laws of the United States.

Inactive Member Accounts & Termination of Membership

Membership in the Seashells 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, Seashells reserves the right to debit your Seashells account balance the cost of account maintenance until (i) you reactivate your account by starting a shopping session via ShopSeashells.com or Seashells' 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, Seashells 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 Seashells.

If your account is deactivated by us for being inactive, the cash back balance is not automatically returned to the User whose account it was in. Please activate your account and link an active bank account to cash out your Cash Back balance.

Electronic Fund Transfers ("EFTs") and Account Balances

By creating an account with Seashells and initiating bank deposits or withdraws (i.e. ETFs), you agree to the terms of service and privacy policy of our financial software provider, SynapsePay, and SynapsePay financial institution partner’s Terms of Service & Privacy Policy (https://synapsepay.com/legal) (“SynapsePay TOS”) which are incorporated herein by reference. Terms not defined in this section shall be defined in SynapsePay TOS. We have partnered with SynapsePay, a financial services software company, to offer you Seashells’ services. When you sign up for an account with our Platform, you will also be prompted to sign up for a SynapsePay User Account (as defined in SynapsePay TOS). You authorize us to share your identity and banking information with SynapsePay to open and support your User Account as further details in our Privacy Policy (https://www.shopseashells.com/privacy_policy) and SynapsePay’s Privacy Policy. It is your responsibility to make sure the data you provide us is accurate and complete. Additionally, you are responsible for complying with SynapsePay TOS when using your User Account. It Is Your Responsibility To Read and understand SynapsePay TOS as it contains terms and conditions relating to your SynapsePay user account including but not limited to Your Rights, Limitations, reversal and other Liabilities, Limitation Of Liability and binding Arbitrations Provisions.

When you open a SynapsePay User Account, you will link a checking or savings account to perform ETF and, if applicable, deposit funds into your SynapsePay User Account. Deposits into your User Account are held by SynapsePay's financial institution partners as detailed in SynapsePay TOS. DEPOSITS HELD IN A USER ACCOUNT MAY BE ELIGIBLE INSURANCE BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) ON A PER USER BASIS DEPENDING ON THE RULES AND LIMITATIONS SET FORTH BY THE FDIC. FOR PURPOSES OF APPLICABLE FDIC DEPOSIT INSURANCE LIMITATIONS, DEPOSITS IN ACCOUNTS AT THE FINANCIAL INSTITUTIONAL PARTNER(S) OPENED THROUGH THE FINANCIAL INSTITUTIONAL PARTNER(S) WITH SYNAPSEPAY MAY NOT BE SEPARATELY INSURED FROM ANY OTHER ACCOUNTS YOU MAY HAVE OPENED WITH THE FINANCIAL INSTITUTIONAL PARTNER(S), DEPENDING ON THE NAMED ACCOUNT OWNERS.
All EFT transactions are performed by and deposits are held by SynapsePay financial institution partner. Seashells and SynapsePay only transmit transaction instructions to SynapsePay financial institution partners and do not hold deposits in your Synapse User Account. Seashells will provide you with all transactions notifications and User Account balances in addition to providing customer support relating to your SynapsePay User Account detailed below. Transactions History and Disputes.

All questions regarding ETF transactions or your Synapse User Account must be directed to [email protected] or (646)450-7055 and not to SynapsePay or its financial institution partners. Seashells is responsible for resolving issues and errors relating to transactions and account balances. If you wish to make a financial services complaint against Seashells, you may email [email protected] and if necessary, we’ll contact the team at SynapsePay to resolve it.

Program Limitations, Qualifications & Disclaimers

Membership in the Program is subject to this Program Agreement. All Retailer membership and/or operating agreements as they relate to their affiliate or partner programs with Seashells and which reside on the Retailer’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 to derive financial benefit from Seashells. 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 Seashells 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 a Seashells’ Retailer qualifies for Cash Back is at the sole discretion of Seashells. Seashells reserves the right to cancel the Cash Back associated with a transaction. If Seashells has any reason to suspect fraudulent activity is associated with your account, Seashells reserves the right to delay or withhold payment of Cash Back or cancel any transaction. You give Seashells permission to review your account with Retailers in cases where Seashells suspects fraudulent activity. Seashells is not responsible for lost or stolen payments or gift cards. Seashells is not responsible for payments delivered to the wrong address through no fault of Seashells or for payment errors made by its payment partners.

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 Seashells 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. Seashells 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.

Seashells is not responsible for changes to, or discontinuance of, any Retailer, or for any Retailer withdrawal from the Program, or for any effect on accrual of Cash Back caused by such changes, discontinuance, or withdrawal. Seashells is not responsible for changes to, or discontinuance of, any special offer or coupon code at a Retailer’s site.

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

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

Member agrees to indemnify and hold Seashells, 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.

Seashells 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 ShopSeashells.com 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 New York, without reference to conflicts of law rules. As a condition of the use of the Seashells website and service, you (the Member) agree to submit to the personal and exclusive jurisdiction of the courts located within the courts of New York County (Manhattan), NY and therefore agree to file any grievance or suit of any kind exclusively in the courts located within the county of New York (Manhattan).

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. Seashells' 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 Seashells with respect to the Program.