INTRODUCTION & PRELIMINARY
THESE TERMS AND CONDITIONS (the “OFFER TERMS”) IS A LEGALLY BINDING AGREEMENT BETWEEN GARAGEPRENEURS INTERNET PRIVATE LIMITED (“COMPANY/slice”) AND YOU . IF YOU AVAIL THE OFFER DISCUSSED HEREIN FOR ANY REASON WHATSOEVER, THE TERMS “YOU” INCLUDE, AND THE TERMS AND CONDITIONS HEREOF ARE BINDING ON YOU AS AN INDIVIDUAL.
slice IS WILLING TO PROVIDE YOU THE OFFER (AS DEFINED BELOW) ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THE OFFER TERMS. YOU ACKNOWLEDGE AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THE OFFER TERMS, UNDERSTAND IT AND AGREE TO BE BOUND BY IT.
DEFINITIONS & INTERPRETATIONS
- “App”: Refers to the application (a computer program) developed by the Company and slice Partner and/or their affiliates that is designed to run on a mobile device such as a smartphone or tablet computer. All or part of the Offer may be available for access via the App, from time to time.
- “Applicable Laws” shall mean all applicable laws, by-laws, statutes, enactments, acts of legislature or parliament, ordinances, rules, regulations, notifications, guidelines, policies, directions, orders, protocols, decrees, government and regulatory approved codes of practice and any orders, judgments, or directions that have general or specific application to any person or any other instruments having the force of law in India and as they may be issued and in force from time to time.
- “Business Day” shall mean any day other than Saturday, Sunday or any day on which banks in Bangalore are open for general banking business.
- “Documents” shall mean any and all documents, materials, information, details provided/uploaded the End-Customer/You with regard to the Offer and Products (defined below) for which the Offer is availed.
- “End-Customer” shall mean You who have availed the Offers. No End Customer shall be a reseller.
- “Force Majeure” means an event which is beyond the reasonable control of the Company, and which makes the performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, pandemic, war, insurrection, sabotage, armed conflict, embargo, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action, confiscation or any other action by government agencies, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for the provision of Services.
- “slice Partner” shall mean the company whose Platform is used by You for purchase of the Product/s, in relation to which you have chosen to avail the Offer.
- “Offer” shall mean the offer made available to You on your use of the slice Card
- “Platform” shall mean the proprietary platform developed and created by the Company and/or slice Partner, based on which the Offer/s are provided by the Company on the relevant website and/or the App.
- “Product” shall mean the product(s) with regard to which the Offer has been availed by You.
- “slice Visa Cards” will mean the pre-paid instrument/ debit card/ credit card issued to You in respect of which slice has entered into a co-branding partnership with a third party issuing entity.
- “Taxes” shall mean all present and future direct and indirect taxes, levies, rates, imposts, duties, deductions, cesses, dues, charges and withholdings whatsoever imposed by any governmental authority having power to tax and all penalties, fines, surcharges, interest or other payments on or in respect thereof.
- “Terms and Conditions” shall mean the applicable Terms and Conditions of the Company and slice Partner.
- The headings are inserted for ease of reference only and shall not affect the construction or interpretation of these Offer Terms;
- References to one gender include all genders and words in singular shall include the plural and vice versa;
- Any reference to any enactment or statutory provision is a reference to it as it may have been, or may from time to time be, amended, modified, consolidated or re-enacted at the relevant time;
- Unless otherwise specified, time periods within or following which any payment is to be made or act is to be done shall be calculated by excluding the day on which the period commences and including the day on which the period ends and by extending the period to the following Business Day if the last day of such period is not a Business Day;
- The words ‘include', ‘including’, ‘for example’ or ‘such as’ are not used as, nor is it to be interpreted as, a word of limitation and when introducing an example, do not limit the meaning of words to which the examples of a similar kind apply;
- The terms ‘herein’, ‘hereof’, ‘hereto’, ‘hereunder’ and words of similar purport refer to this Offer Terms as a whole;
- In the absence of a definition being provided for a term, word or phrase used in the Offer Terms, no meaning shall be assigned to such term, word or phrase which derogates or detracts in any way from the intent of the Offer Terms
- This Offer is made available to you by the Company. This Offer is in respect of the Product purchased by you and for which is Offer is available.
- Any person availing this Offer shall be deemed to have accepted these terms and conditions.
- The Offer Terms are in addition to applicable Terms & Conditions and Privacy Policies, to which you agree to by using the Platform. In the event of any conflict between such Terms & Conditions and these Offer Terms, these Offer Terms will prevail, only for the purposes of this Offer.
- Only a person resident in India, having a delivery address slice Partner within the territorial limits of India is eligible to avail the Offer.
- The Offer is open only to End Consumers and not to resellers. By Agreeing to the Offer Terms you are representing that you are not a reseller.
- The Offer is valid on payments made using select slice Visa cards only.
- The cashback amount redeemable will be calculated on the final transaction amount with regard to the Product/s.
- Benefit of this Offer (cashback) shall not be settled in cash by slice Partner and/or the sellers concerned and shall not be transferable.
- The End Customer is not bound in any way to avail this Offer. Any availing of this Offer is voluntary and the Offer is being made purely on a best effort basis. The participation in this Offer is voluntary and any purchase on the Platform using slice Visa Cards shall be deemed as acceptance of the terms and conditions mentioned herein.
- No Combination: This Offer cannot be combined with any other offer, if any. If the End Customer is eligible for another cashback offer provided by the Company for a transaction at slice Partner, which ever offer has the higher cashback, will be applied on the transaction.
- The Product purchase transaction shall be governed by the Terms and Conditions and Privacy Policies.
PERMISSION TO AVAIL
- The Company grants You permission to avail the Offer on Your:
- Agreeing to these Offer Terms and remaining in compliance thereof; and
- In case of delay in cashback under this Offer beyond the committed time period as mentioned under these Offer Terms, You are requested to contact slice and slice shall review the same and proceed with the cashback if the You are eligible as per the Offer Terms.
- All the queries/complains regarding the cashback under this Offer shall be directed to slice.
- Any query regarding this Offer will be entertained till 7 days from the end date of the particular offer. Post such date the Company will not entertain any correspondence or communication regarding this Offer from any person.
DOCUMENT VERIFICATION, BACKGROUND CHECK & ACCURACY OF INFORMATION
- The Company shall not perform Document verification and/or background check with regard to any and all Documents and/or information provided/uploaded by You into Your Account. You agree and acknowledge that the You shall be responsible for verifying the information contained in the Documents uploaded by You into Your Account.
- You shall ensure that any and all Documents/ information uploaded by You into Your Account are verified by You before the same is uploaded by You to Your Account.
- The accuracy of information provided on the App is necessarily dependent on the information provided by the You and you agree to take complete responsibility and liability with regard to all such information provided by You.
- The Company and slice Partner do not warrant the accuracy of the information published on the Platform with regard to any Product(s) or the vendors as the same is published on an “as provided basis” and such publication is done entirely by the vendors.
NO GUARANTEE FOR GENUINENESS OF PRODUCT
- The Company shall not provide any guarantee for the genuineness of the Product(s) with regard to which the information is published on the Platform based on the Document(s)/information provided by the vendors.
- You have represented that You have purchased or are willing to purchase the Product(s) based on the representations and warranties provided by the vendors to You regarding the genuineness of the Product(s). The Vendor(s) shall be solely responsible and accountable for the genuineness of the Product(s) with regard to which the information is published on the Platform.
- You agree that the vendor is solely responsible for the genuineness of the Products sold to You.
- You agree and acknowledge that such cyberattacks are beyond the control of the Company and/or slice Partner and that reasonable safety, security and backup measures have been implemented on the Platform.
- Neither the Company/slice Partner nor their affiliates make any guarantee that it may foresee, prevent, mitigate, or take immediate corrective action in the event of such attack.
- In the event the Company faces any loss of data including the information provided by You, the Company shall not be responsible for the same either to You or to Your vendors in any manner whatsoever. You agree that You will provide all reasonable support and assistance to the Company to restore such lost data.
- The Company shall be excused from providing the Offer to You until such time the cyberattack is rectified to the satisfaction of the Company.
- In the event You notice any harmful surreptitious code or other contaminants, including but not limited to commands, instructions, devices, techniques, bugs, or web bugs, or other malware (’Malware’) in the Platform while availing the Offer of the Company, You shall inform the Company of the same within a maximum time period of 24 (twenty four) hours.
- The Company will take all reasonable measures to rectify the Malware, however, the Company does not guarantee immediate rectification of such Malware.
- In the event the Malware makes it impossible for the Company to provide the Offer to You effectively, the Company shall be excused from providing the Offer until the Malware is resolved and/or rectified.
- The Company may, at its sole discretion, rescind the Offer until such Malware is rectified to the satisfaction of the Company.
LIMITATION OF SERVICES
The Company shall not be responsible in any manner whatsoever for the conclusion of the sale of the Product(s) from the vendor to You.
- You consent to the Company’s collection and usage of the data shared by You which may be necessary for the Company to effectively and efficiently make available the Offer.
- Pictures of Products shown in the communication sent to the End Customer/You, if any either through mailers or advertised on the Platform, are for representative purposes only and may not bear a resemblance to the actual products sold by the relevant sellers/slice Partner
- Products pertaining to this Offer are subject to availability from the respective vendors and in no circumstances shall slice and/or slice Partner be liable for non-availability of any of the Products.
- All liability with respect to the Products purchased lies with the respective vendor and neither slice Partner nor slice shall be in any way responsible for the same.
- Neither the Company nor slice Partner shall be responsible for any loss, injury or any other liability arising due to participation by any person in this Offer.
- slice Partner does not endorse the benefits being offered under this Offer and will not accept any liability pertaining to the benefits of the Offer.
REPRESENTATIONS AND WARRANTIES
By availing the Offer, you represent and warrant that You:
- accede to these Offer Terms and are legally capable of doing so;
- are not prohibited by Applicable Law from accessing and availing the Offer;
- have not previously been suspended or removed from the Platform;
- have all necessary consents and authorizations to carry out all transactions contemplated in Your Account;
- have provided true, accurate, and complete information in creating Your Account(s);
- agree that You will comply with all Applicable Laws and regulations during and after availing the Offer;
- agree that You will not hack, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or otherwise compromise the integrity and security of the Platform or any other such component.
RESCINDING THE OFFER
The Company may rescind the Offer provided to You in the event of the occurrence of any of the following:
- Your availment of the Offer:
- poses a security risk to the technology/Platform of the Company;
- could adversely impact the Company’s systems;
- could subject the Company or its affiliates to any liability;
- could infringe the Intellectual Property rights of the Company;
- could be fraudulent/illegal/unlawful
- You are in breach of your payment obligations to wards the Company;
- You have violated or allegedly violated any Applicable Law(s);
- Suspension: The Company may, at its sole discretion and on a case-to-case basis, suspend any Offer and may further provide You a limited time period to rectify the default committed by You. In the event You are unable to rectify the default committed by You within the given period of time, Company may rescind the Offer. However, you agree and acknowledge that the suspension and the subsequent time period for rectifying the default may be allowed by the Company purely at its discretion without prejudice to its right to terminate the Offer Terms directly to protect the interests of the Company.
- Reversal: In the event the Product order is cancelled, and the transaction is reversed, the cashback shall also be reversed. This Offer will not be applicable if the order of the Purchase transaction is returned or cancelled by the End Customer, seller or slice Partner. It is clarified that such cancellation or return may be for any reason whatsoever. This Offer will also not be applicable if the End Customer’s payment method fails or is unable to pay for the Product at the time of delivery of the Product.
- Refusal and Disqualification: slice and slice Partner hold the right at their sole discretion to refuse or deny the Offer to any End Customer, including You. The End Customer/You shall become ineligible to participate in this Offer if his/her account with slice and/or slice Partner is cancelled or deactivated or on hold before the expiry of/during the Offer Period. Further, slice and slice Partner reserve the right to disqualify any End Customer/You from the benefits of the Offer, if any fraudulent activity is identified as being carried out by the End Customer/You for the purpose of availing the benefits under the Offer. slice and slice Partner reserve the right, at their sole discretion, to disqualify any End Customer that tampers or attempts to violate the Offer Terms.
- slice Partner and/or the Company reserve the absolute right to terminate, withdraw, suspend, amend, extend, modify, add or remove portions of the Offer, at any time without any prior written notice and without any liability.
- You hereby agree to indemnify defend, and hold the Company, slice Partner and their affiliates and each of their respective officers, directors, agents and employees harmless from any claim or demand or damage (including any fines, fees or penalties imposed by any regulatory authority, attorney’s fees and court costs), that may be suffered by the afore mentioned indemnified persons, arising out of or related to Your breach of the Offer Terms, (ii) Your use and/or misuse of Offer/Platform /App or other such components, or (iii) Your violation of any Applicable Laws or rights of any third party (iv) any damage incurred by the Company and/or slice Partner as a result of Your acts and/or omissions.
LIMITATION OF LIABILITY
- To the maximum extent permitted under Applicable Law, under no circumstances, shall the Company, its affiliates or any of their respective directors, officers, employees or agents be liable for any indirect, incidental, special, punitive, exemplary or consequential damages (including but not limited to any damages for loss of business profits, business interruption, loss of business, loss of business information and the like) arising out of or in connection with the Offer Terms or any use of, or inability to use/avail/access the Offer, even if the Company has been advised of the possibility of such damages.
- Notwithstanding anything to the contrary in the Offer Terms, in no event shall the Company’s total aggregate liability for any and all damages, losses, claims and causes of actions (whether in contract, tort, including negligence or otherwise) exceed the amount availed through the Offer or the equivalent thereof in any other currency.
- The limitations set forth in this Clause (Limitation of Liability) shall apply notwithstanding the failure of the essential purpose of any limited remedies set forth in this Offer Terms. If Applicable Law precludes the Company from disclaiming a particular kind of damage or to cap the liability for certain types of actions or claims, then the above provisions will be deemed amended to conform with Applicable Law, and the balance of this Clause (Limitation of Liability) shall remain in full force and effect.
- You have fully considered and find reasonable the foregoing allocation of risk, and the foregoing limitations in this Clause (Limitation of Liability) are an essential basis of the bargain between You and the Company.
DISCLAIMER OF WARRANTIES (EXCLUSION OF LIABILITY)
- You expressly acknowledge and agree that the use of the Platform is at Your sole risk. The Platform, Offer and technical support (if any) are provided “as is” and without any warranties of any kind, whether express, implied, statutory or otherwise.
- You expressly acknowledge and agree that You have purchased or are willing to purchase the Product(s) based on the representations and warranties provided by the vendors directly to You regarding the genuineness of the Product(s). The vendor(s) shall be solely responsible and accountable for the genuineness of the Product(s) with regard to which the information is published on the Platform. The Company shall not be responsible or liable for the genuineness of the Products sold by the vendor to You.
- To the maximum extent permitted under Applicable Law, the Company and its affiliates expressly disclaim all warranties, whether express, implied, statutory or otherwise, including but not limited to the implied warranties of uninterrupted service for a particular purpose.
- The Company does not represent or warrant that the provision of any technical support will be secure, timely, uninterrupted or error-free, or that the Offer will operate in combination with any other hardware, software, system, or data; or that the Offer will always be available, or that the Offer or the server that make the Offer available will be free of viruses or other harmful components; or that defects in the Offer will be corrected.
- Neither the Offer nor any benefits or burdens/obligations under the Offer shall be assigned/transferred by You to any person without the prior written consent of the Company.
- Any such assignment/transfer made by You shall be deemed as null and void and the Company shall not be liable to provide the Offer to any such person to whom you have made the assignment/transfer.
NATURE OF RELATIONSHIP
- Nothing contained herein shall be construed as establishing a relation of master and servant or of agent and principal or of employer and employee or any relation that is fiduciary in nature or any other kind of relation as between the Company and You.
- The nature of relationship between the Company and You shall be as that of an independent service provider and service recipient, respectively.
- You shall not have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind the Company and You agree to keep the Company indemnified in this regard.
- You shall be liable for and pay all such Taxes and impositions as may be levied under the Applicable Laws. You shall solely and absolutely be liable for any and all Taxes that may be applicable for the Offers availed by You under these Offer Terms. All government Levies like Goods and Service Tax shall be payable by the End Customer as applicable at the time the respective Offers were availed.
- In the event the Company is made liable for any such Tax obligation by the Applicable Law either directly or indirectly, You hereby agree that You will indemnify/reimburse the Company to the extent the Company has paid such Taxes on behalf of You.
- The Offer shall be subject to the Income-Tax Act, 1961 and all disbursements shall be subject to TDS, as applicable.
- The invalidity of any one or more of the sections, subsections, sentences, clauses of words contained in the Offer Terms or the application thereof to any particular set of circumstances, shall not affect the validity of the remaining portions of this Offer Terms or of their valid application to any other set of circumstances.
- In the event that any part of the Offer Terms shall be held to be unenforceable or invalid, the remaining parts of the Offer Terms shall nevertheless continue to be valid and enforceable as though the invalid portions had not been a part thereof.
EXECUTION AND AUTHORITY
You represent and warrant that You have complete and full authority to execute and adhere to the Offer Terms and that You shall fully perform Your obligations hereunder.
COMPLIANCE OF APPLICABLE LAWS
You shall comply with all Applicable Law(s) for the Offer availed by You under the Offer Terms and shall fully indemnify the Company in this regard.
- The failure or inability of the Company to fulfil any of its obligations hereunder shall not be considered to be a breach of, or default under, this Offer Terms insofar as such inability arises from an event of Force Majeure.
- In the event the Company is affected by an event of Force Majeure, the Company may notify You of such event and may similarly give notice of the restoration of normal conditions as soon as possible. However, the Company and slice Partner retain the right to rescind/withdraw the Offer, at their sole discretion and with no liability, in case of occurrence of a Force Majeure Event.
GOVERNING LAW AND JURISDICTION
This Offer Terms shall be construed and interpreted in accordance with and governed by the laws of India, and the courts at Bangalore shall have exclusive jurisdiction over matters arising out of or relating to the Offer Terms.
MODIFICATION OF TERMS
The Company may, at its sole discretion, modify, change or alter any clauses/provisions of the Offer Terms without the requirement of prior notice to You. Upon the modification/change/alteration, the Offer terms will be updated.
THIRD PARTY RIGHTS
Nothing expressed or implied in this Offer Terms is intended or shall be construed to confer upon or give any person, other than You, any rights or remedies under or by reason of the Offer Terms or any transaction contemplated by the Offer Terms.