Welcome to the Cashback Rewards Program
December 7, 2021
Welcome to the Rho Business Banking Cashback Rewards Program (“Cashback Rewards Program”).
Please read this Agreement in its entirety and keep it for your records. In this Agreement, the words “you,” “your,” “yours,” mean the Company agreeing to this Agreement, including each officer, employee, agent, or representative that is authorized by the Company to use a Rho Same-Day Corporate Card or Rho Business Card (each a “Card”). The words “Rho,” “we,” “us,” “our,” and “ours,” means Under Technologies, Inc. dba Rho Technologies, or their successors, affiliates and assigns.
These Terms and Conditions are intended to help you understand how the Cashback Rewards Program works. This is not the same agreement as any other agreement on the Rho website and is an agreement in itself.
We may make changes to the Cashback Rewards Program at any time. This means we may add, take away, or change Terms and Conditions described in this agreement. Such changes may include but are not limited to changing how you accumulate, or earn cashback, imposing fees, charging you to participate in the Rewards Program, or imposing limitations in any respect to the Cashback Rewards Program, including your eligibility to earn cashback.
If we cancel this Cashback Rewards Program in its entirety, you will receive at least 30 days’ notice. Rho may, in its sole discretion, otherwise make exceptions to the Cashback Rewards Program at any time, without notice to you. We may cancel or change certain rewards or make cashback rewards unavailable to you.
Capitalized terms that are not defined in these terms and conditions have the definitions provided in the Rho Service Agreement, Rho Same-Day Corporate Card Agreement, and/or Rho Business Card Agreement as the context may dictate. Please visit Rho’s Terms of Service and accompanying Addendums at: https://www.rho.co/terms-of-service for reference.
To be eligible to participate in the Cashback Rewards Program, you must have an open account and be eligible and approved to use a Card, subject to the limitations as set forth in this Agreement. This means that you must have a Same-Day Corporate Card or a Rho Business Card (each a “Card”). You must have a U.S. based account and your account must be billed in U.S. dollars. You may be enrolled automatically at no charge. At any time, we may change the Card eligibility. Please contact us at Rhobb@rho.co if you have any questions about enrollment.
All of your accounts held at Rho must also be in good standing in order to be eligible to participate in the Cashback Rewards Program. You must have an active Rho Account and you may not have past due payments, or any return payments outstanding or owed to us. We may also exclude you from the Cashback Rewards Program or otherwise restrict you from earning cashback if any Card linked to any of your Rho Account(s) is cancelled or if there are past due payments.
In the Cashback Rewards Program, each Rho Account may be eligible to earn cashback rewards. For the avoidance of doubt, this means the Rho Account itself is eligible to receive cashback rewards, and not the individual Users who use a Card. Accordingly, if there are multiple Users linked to a single Rho Account, said Users will not be eligible to receive individual or separate cashback rewards. All Card Users must receive approval from their employer or organization, who is required to accept these terms and conditions prior to participating in the Cashback Rewards Program.
Rho is not responsible for informing you about any taxes you may owe. You are solely responsible for learning about and paying any taxes that may apply to earning or using cashback rewards.
About Cashback Rewards
Under the Rewards Program, you may accumulate and earn cashback rewards. However, the cashback rewards you may earn and accumulate are not your property and do not belong to you until the cashback rewards are issued to you in the form of a credit by Rho. The cashback rewards cannot be transferred to anyone or anyone else’s Rho Account, whether at Rho or anywhere else. Cashback rewards cannot be sold or used in part or as part of a legal action, including an assignment of rights or bankruptcy proceeding. You determine the value of your cashback rewards by using the cashback rewards in a manner you choose.
You agree that when you receive and accept cashback rewards, you release Rho and its subsidiaries, assigns, affiliates, and partners from liability for your use of cashback rewards and how you use them. Neither Rho, nor any of its affiliates or partners will be responsible for any injuries or damages as a result of your or your Users participation in the Cashback Rewards Program.
Earning Cashback Rewards
If you are enrolled in the Cashback Rewards Program, you may be eligible to receive cashback rewards for certain qualified purchases. You must use your Card to earn cashback rewards. You will not be eligible to cashback rewards for purchases or payments that are not made with your Card. Although on a quarterly basis you are given the option to change the amount of cashback rewards you may be eligible to receive, we may, in our sole discretion, make exceptions and changes to such amounts and make the final determination as to the final amount of cashback rewards you receive on purchases.
An eligible purchase is any purchase made with your Card. Eligible purchases do not include fees or fines paid to Rho, cash advances, balance transfers, cash equivalents, pre-paid cards or reloadable pre-paid cards, purchases made with cashback rewards, or person-to-person payments or transfers.
Extra Cashback Rewards
We may group merchants into categories or otherwise assign different codes to merchants based on the type of merchant they are or what they sell. You may not receive additional cashback rewards if we are unable to independently verify certain information about the merchant or cannot identify the types of purchases you make or have made. For instance, you may not receive additional cashback rewards when a merchant uses a third-party to sell a product or service or otherwise uses a third-party to process your transaction.
Link Cards to Earn Cashback Rewards
Your Card may be automatically link your Card to your Rho Account. You may earn cashback on linked Cards by spending on them. Users who have linked Cards to the Rho Account must also agree to these Terms and Conditions. It is the responsibility of the User’s employer or organization to ensure the User has accepted these terms and conditions.
You may only receive cashback rewards when you pay the full amount due on your billing statement on the date that is specified on your billing statement. The payment must be made to pay your Card’s billing statement. If you do not pay the full amount due on time, you will not receive any cashback rewards for the billing period; and you forfeit your ability to earn any cashback rewards.
Depositing funds in your Rho Account is not sufficient to receive cashback rewards. You must make actual payment to satisfy the billing statement on time to Rho to receive cashback rewards.
Cashback rewards may be returned, should you choose to return them. If you choose to return cashback rewards, please contact us at Rhobb@rho.co. We may, in our sole discretion, accept the return.
Pay with Cashback
You may use your cashback rewards to pay your bills. Any time you use your cashback rewards to pay your bills, we will deduct the amount of cashback rewards from your billing statement and apply a credit to your billing statement to reflect the amount of cashback rewards you used.
If the product or service you purchase is not fully covered by cashback rewards, the difference will be charged against you during that billing period. The cashback rewards credit may appear on the current or following billing cycle. Even if you do expect your cashback rewards to cover an entire billing cycle in full, you must pay the amount due on each statement at the time the payment is due. Your Card’s Account will be credited or refunded based on the amount you overpaid.
You may use your cashback rewards to cover eligible purchases or make payments on your bills with respect to your Card. Only authorized Administrators or Users may apply or spend cashback rewards. In some instances, the cashback rewards credit may be applied to not the current, but in following billing statements. This typically occurs when your make a charge toward the end of a billing period or if there is an error found in past statements. If this does occur, you must pay the amount due on the current statement by the due date. We may at any time refuse to refuse accept cashback rewards to cover eligible payments without providing notice to you.
Returning or Exchanging Items and Cashback
In no event will you receive or be eligible to receive cashback rewards for purchases made on your Card if such purchase was returned or exchanged, and as a result, partial or full payment was credited back to you. If you return or an exchange an item that was paid for with your Card, the difference in credit you receive will cause a deduction of the cashback rewards you may have received, or otherwise have been eligible to receive from making the purchase. The deduction will apply as a debit to your billing statement.
Errors and Disputes Cashback
If you find an error or if you would like to dispute the amount of cashback rewards, such error or dispute must be brought to Rho within ninety (90) days from the date when the billing statement that gave rise to such error or dispute was issued.
If you do not pay all amounts due on your billing statement on time and in full, you will not receive any cashback rewards for said billing statement. Notwithstanding, we reserve the right to satisfy your outstanding debts without affect to any of our rights as it relates to the operation of law, this Agreement, and any other agreement between you and Rho that is incorporated by reference.
Canceling or Suspending Your Card
If we cancel your Card or close any of your Rho Accounts for any reason, you may immediately lose all the cashback rewards you may have otherwise been eligible to receive.
If, for any reason, we suspend your ability to use your Card or any of your Rho Accounts, we may also suspend your ability to use your cashback rewards. If the suspension is temporary, you will only be able to use cashback rewards when the Card or your Rho Accounts are no longer suspended.
Misuse or Abuse of the Cashback Rewards Program
This Cashback Rewards Program is designed to benefit our customers and Users who use their Card. If we determine, in our sole judgment, that you misused or abused this Cashback Rewards Program in any way, we can immediately temporarily suspend your ability to use or earn cashback rewards or cancel your Rho Account.
Arbitration And Disputes
Any dispute arising in connection with this Agreement will be resolved by binding arbitration whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND RHO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Rho will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by this Agreement. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Rho. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. There shall be a single arbitrator who shall be an attorney practicing commercial law in New York. The arbitration shall take place in English.
Notice Of Arbitration; Process
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a Rho physical address, then by electronic mail (“Notice of Arbitration”). Rho’s address for Notice is: Under Technologies Inc., dba Rho Technologies, 100 Crosby Street, New York, NY 10012. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Rho may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Rho must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Rho in settlement of the dispute prior to the award, Rho will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
If you commence arbitration in accordance with these Terms, Rho will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York County, New York, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Rho for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions
YOU AND RHO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rho agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications To This Arbitration Provision
If Rho makes any future change to this arbitration provision, other than a change to Rho’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to Rho’s address for Notice of Arbitration, in which case your account with Rho will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.