TERMS
OF USE
By downloading,
browsing, accessing or using this SalesWire mobile application (“Mobile
Application”), you agree to be bound by these Terms and Conditions of Use.
We reserve the right to amend these terms and conditions at any time. If you
disagree with any of these Terms and Conditions of Use, you must immediately
discontinue your access to the Mobile Application and your use of the services
offered on the Mobile Application. Continued use of the Mobile Application will
constitute acceptance of these Terms and Conditions of Use, as may be amended
from time to time.
If you are a resident of European Union then please do not install the
App.
2.
DEFINITIONS
In these Terms and
Conditions of Use, the following capitalised terms shall have the following
meanings, except where the context otherwise requires:
"Account"
means an account created by a User on the Mobile Application as part of
Registration.
"Merchant"
refers to any entity whose products or Samples can be purchased and/or redeemed
(as the case may be) via the Mobile Application.
"Privacy
Policy" means the privacy policy set out in Clause 14 of these Terms
and Conditions of Use.
"Redeem"
means to redeem a Merchant’s products or Samples on these Terms and Conditions
of Use and
"Redemption"
means the act of redeeming such products or Samples.
"Register"
means to create an Account on the Mobile Application and
"Registration" means the act of creating such an Account.
"Samples"
means samples of Merchant’s products and/or Merchant’s services, including
without limitation, any vouchers for the redemption of such services, and
"Sample" means any one of them.
"Services"
means all the services provided by Autolligent Technologies Pvt Ltd via the
Mobile Application to Users, and "Service" means any one of them,
"Users"
means users of the Mobile Application, including you and "User" means
any one of them.
3.
GENERAL ISSUES ABOUT THE MOBILE APPLICATION AND THE SERVICES
3.1 Applicability
of terms and conditions: The use of any Services and/or the Mobile
Application and the making of any Redemptions are subject to these Terms and
Conditions of Use.
3.2 Location:
The Mobile Application, the Services and any Redemptions are intended solely
for use by Users who access the Mobile Application in India. We make no
representation that the Services (or any goods or services) are available or
otherwise suitable for use outside of India. Notwithstanding the above, if you
access the Mobile Application, use the Services or make any Redemptions from
locations outside India, you do so on your own initiative and are responsible
for the consequences and for compliance with all applicable laws.
3.3 Scope:
The Mobile Application, the Services and any Redemptions are for your
non-commercial, personal use only and must not be used for business purposes.
3.4 Prevention
on use: We reserve the right to prevent you using the Mobile Application
and the Service (or any part of them) and to prevent you from making any
Redemptions.
3.5 Equipment
and Networks: The provision of the Services and the Mobile Application does
not include the provision of a mobile telephone or handheld device or other
necessary equipment to access the Mobile Application or the Services or make
any Redemptions. To use the Mobile Application or Services or to make
Redemptions, you will require Internet connectivity and appropriate
telecommunication links. You acknowledge that the terms of agreement with your
respective mobile network provider ("Mobile Provider") will
continue to apply when using the Mobile Application. As a result, you may be
charged by the Mobile Provider for access to network connection services for
the duration of the connection while accessing the Mobile Application or any
such third party charges as may arise. You accept responsibility for any such
charges that arise.
3.6 Permission
to use Mobile Application: If you are not the bill payer for the mobile
telephone or handheld device being used to access the Mobile Application, you
will be assumed to have received permission from the bill payer for using the
Mobile Application.
3.7 License
to Use Material: By submitting any text or images (including photographs)
(“Material”) via the Application, you represent that you are the owner
of the Material, or have proper authorization from the owner of the Material to
use, reproduce and distribute it. You hereby grant us a worldwide,
royalty-free, non-exclusive license to use the Material to promote any products
or services.
4.
REDEMPTIONS
4.1 Need for
registration: You must register to make a Redemption from the Mobile
Application.
4.2 Application
of these Terms and Conditions of Use: By making any Redemption, you
acknowledge that the Redemption is subject to these Terms and Conditions of
Use.
4.3 Redemption:
Any attempted Redemption not consistent with these Terms and Conditions of Use
may be disallowed or rendered void at our or the relevant Merchant’s
discretion.
4.4 Responsibility
for Redemptions of perishable products of Samples: Each Merchant shall be
responsible to ensure that any of its products or Samples for Redemption that
are perishable has not expired.
4.5 Restrictions:
(a) Reproduction, sale, resale or trading of any products or Samples or
Redeemed products is prohibited. (b) If any product or Sample is redeemed for
less than its face value, there is no entitlement to a credit, cash or Sample
equal to the difference between the face value and the amount Redeemed. (c)
Redemption of products or Samples is subject to availability of the relevant
Merchants’ stocks.
4.6 Autolligent
Not Liable: For the avoidance of doubt, Autolligent Technologies Pvt Ltd shall
not be liable for any losses or damages suffered by you resulting from a
failure by the relevant Merchant to fulfil any Redemptions in accordance with
Clause 4.4 or for a failure by us to deliver any products or Samples to you due
to the unavailability of such products or Samples pursuant to Clause 4.5(c).
4.7 Lost/stolen
Samples: Neither we nor any Merchant shall be responsible for lost or
stolen Samples or products that have been redeemed.
5.
LOCATION ALERTS AND NOTIFICATIONS
5.1 You agree to
receive pre-programmed notifications (“Location Alerts”) on the Mobile
Application from Merchants if you have turned on locational services on your
mobile telephone or other handheld devices (as the case may be).
6.
YOUR OBLIGATIONS
6.1 Merchant
terms: You agree to (and shall) abide by the terms and conditions of the
relevant Merchant for which your Redemption relates to, as may be amended from
time to time.
6.2 Accurate
information: You warrant that all information provided on Registration and
contained as part of your Account is true, complete and accurate and that you
will promptly inform us of any changes to such information by updating the
information in your Account.
6.3 Content
on the Mobile Application and Service: It is your responsibility to ensure
that any products, Samples or information available through the Mobile
Application or the Services meet your specific requirements before making any
Redemption.
6.4 Prohibitions
in relation to usage of Services or Mobile Application: Without limitation,
you undertake not to use or permit anyone else to use the Services or Mobile
Application:-
6.4.1 to send or
receive any material which is not civil or tasteful
6.4.2 to send or
receive any material which is threatening, grossly offensive, of an indecent,
obscene or menacing character, blasphemous or defamatory of any person, in
contempt of court or in breach of confidence, copyright, rights of personality,
publicity or privacy or any other third party rights;
6.4.3 to send or
receive any material for which you have not obtained all necessary licences
and/or approvals (from us or third parties); or which constitutes or encourages
conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the rights of any
third party in any country in the world;
6.4.4 to send or
receive any material which is technically harmful (including computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data);
6.4.5 to cause
annoyance, inconvenience or needless anxiety;
6.4.6 to intercept or
attempt to intercept any communications transmitted by way of a
telecommunications system;
6.4.7 for a purpose
other than which we have designed them or intended them to be used;
6.4.8 for any
fraudulent purpose;
6.4.9 other than in conformance
with accepted Internet practices and practices of any connected networks;
6.4.10 in any way
which is calculated to incite hatred against any ethnic, religious or any other
minority or is otherwise calculated to adversely affect any individual, group
or entity; or
6.4.11 in such a way
as to, or commit any act that would or does, impose an unreasonable or
disproportionately large load on our infrastructure.
6.5 Prohibitions
in relation to usage of Services, Mobile Application: Without limitation, you
further undertake not to or permit anyone else to:-
6.5.1 resell any
products or Samples ;
6.5.2 furnish false
data including false names, addresses and contact details and fraudulently use
credit/debit card numbers;
6.5.3 attempt to
circumvent our security or network including to access data not intended for
you, log into a server or account you are not expressly authorised to access,
or probe the security of other networks (such as running a port scan);
6.5.4 execute any
form of network monitoring which will intercept data not intended for you;
6.5.5 enter into
fraudulent interactions or transactions with us or a Merchant (including
interacting or transacting purportedly on behalf of a third party where you
have no authority to bind that third party or you are pretending to be a third
party);
6.5.6 extract data
from or hack into the Mobile Application;
6.5.7 use the
Services or Mobile Application in breach of these Terms and Conditions of Use;
6.5.8 engage in any
unlawful activity in connection with the use of the Mobile Application or the
Services; or
6.5.9 engage in any
conduct which, in our exclusive reasonable opinion, restricts or inhibits any
other customer from properly using or enjoying the Mobile Application or
Services.
7.
RULES ABOUT USE OF THE SERVICE AND THE MOBILE APPLICATION
7.1 We will use
reasonable endeavours to correct any errors or omissions as soon as practicable
after being notified of them. However, we do not guarantee that the Services or
the Mobile Application will be free of faults, and we do not accept liability
for any such faults, errors or omissions. In the event of any such error, fault
or omission, you should report it by contacting us at customer.saleswire@gmail.com
7.2 We do not warrant
that your use of the Services or the Mobile Application will be uninterrupted
and we do not warrant that any information (or messages) transmitted via the
Services or the Mobile Application will be transmitted accurately, reliably, in
a timely manner or at all. Notwithstanding that we will try to allow uninterrupted
access to the Services and the Mobile Application, access to the Services and
the Mobile Application may be suspended, restricted or terminated at any time.
7.3 We do not give
any warranty that the Services and the Mobile Application are free from viruses
or anything else which may have a harmful effect on any technology.
7.4 We reserve the
right to change, modify, substitute, suspend or remove without notice any
information or Services on the Mobile Application from time to time. Your
access to the Mobile Application and/or the Services may also be occasionally
restricted to allow for repairs, maintenance or the introduction of new
facilities or services. We will attempt to restore such access as soon as we
reasonably can. For the avoidance of doubt, we reserve the right to withdraw
any information or Services from the Mobile Application at any time.
7.5 We reserve the
right to block access to and/or to edit or remove any material which in our
reasonable opinion may give rise to a breach of these Terms and Conditions of
Use.
8.1 If you use (or
anyone other than you, with your permission uses) the Mobile Application, any
Services in contravention of these Terms and Conditions of Use, we may suspend
your use of the Services and/or Mobile Application.
8.2 If we suspend the
Services or Mobile Application, we may refuse to restore the Services or Mobile
Application for your use until we receive an assurance from you, in a form we
deem acceptable, that there will be no further breach of the provisions of
these Terms and Conditions of Use.
8.3 Autolligent
Technologies Pvt Ltd shall fully co-operate with any law enforcement
authorities or court order requesting or directing Autolligent Technologies Pvt
Ltd to disclose the identity or locate anyone in breach of these Terms and Conditions
of Use.
8.4 Without limitation
to anything else in this Clause 8, we shall be entitled immediately or at any
time (in whole or in part) to: (a) suspend the Services and/or Mobile
Application; (b) suspend your use of the Services and/or Mobile Application;
and/or (c) suspend the use of the Services and/or Mobile Application for
persons we believe to be connected (in whatever manner) to you, if:
8.4.1 you commit any
breach of these Terms and Conditions of Use;
8.4.2 we suspect, on
reasonable grounds, that you have, might or will commit a breach of these Terms
and Conditions of Use; or
8.4.3 we suspect, on
reasonable grounds, that you may have committed or be committing any fraud
against us or any person.
8.5 Our rights under
this Clause 8 shall not prejudice any other right or remedy we may have in
respect of any breach or any rights, obligations or liabilities accrued prior
to termination.
9.1 The Mobile
Application, the Services, the information on the Mobile Application and use of
all related facilities are provided on an "as is, as available" basis
without any warranties whether express or implied.
9.2 To the fullest
extent permitted by applicable law, we disclaim all representations and
warranties relating to the Mobile Application and its contents, including in
relation to any inaccuracies or omissions in the Mobile Application, warranties
of merchantability, quality, and fitness for a particular purpose, accuracy,
availability, non-infringement or implied warranties from course of dealing or
usage of trade.
9.3 We do not warrant
that the Mobile Application will always be accessible, uninterrupted, timely,
secure, error free or free from computer virus or other invasive or damaging
code or that the Mobile Application will not be affected by any acts of God or
other force majeure events, including inability to obtain or shortage of
necessary materials, equipment facilities, power or telecommunications, lack of
telecommunications equipment or facilities and failure of information
technology or telecommunications equipment or facilities.
9.4 While we may use
reasonable efforts to include accurate and up-to-date information on the Mobile
Application, we make no warranties or representations as to its accuracy,
timeliness or completeness.
9.5 We shall not be
liable for any acts or omissions of any third parties howsoever caused, and for
any direct, indirect, incidental, special, consequential or punitive damages,
howsoever caused, resulting from or in connection with the mobile application
and the services offered in the mobile application, your access to, use of or
inability to use the mobile application or the services offered in the mobile
application, reliance on or downloading from the mobile application and/or services,
or any delays, inaccuracies in the information or in its transmission including
but not limited to damages for loss of business or profits, use, data or other
intangible, even if we have been advised of the possibility of such damages.
9.6 We shall not be
liable in contract, tort (including negligence or breach of statutory duty) or
otherwise howsoever and whatever the cause thereof, for any indirect,
consequential, collateral, special or incidental loss or damage suffered or
incurred by you in connection with the Mobile Application and these Terms and
Conditions of Use. For the purposes of these Terms and Conditions of Use,
indirect or consequential loss or damage includes, without limitation, loss of
revenue, profits, anticipated savings or business, loss of data or goodwill,
loss of use or value of any equipment including software, claims of third
parties, and all associated and incidental costs and expenses.
9.7 The above
exclusions and limitations apply only to the extent permitted by law. None of
your statutory rights as a consumer that cannot be excluded or limited are
affected.
9.8 Notwithstanding our
efforts to ensure that our system is secure, you acknowledge that all
electronic data transfers are potentially susceptible to interception by others.
We cannot, and do not, warrant that data transfers pursuant to the Mobile
Application, or electronic mail transmitted to and from us, will not be
monitored or read by others
You agree to indemnify
and keep us indemnified against any claim, action, suit or proceeding brought
or threatened to be brought against us which is caused by or arising out of (a)
your use of the Services, (b) any other party’s use of the Services using your
user ID, verification PIN and/or any identifier number allocated by Autolligent
Technologies Pvt Ltd, and/or (c) your breach of any of these Terms and
Conditions of Use, and to pay us damages, costs and interest in connection with
such claim, action, suit or proceeding.
11.1 All editorial
content, information, photographs, illustrations, artwork and other graphic
materials, and names, logos and trade marks on the Mobile Application are
protected by copyright laws and/or other laws and/or international treaties,
and belong to us and/or our suppliers, as the case may be. These works, logos,
graphics, sounds or images may not be copied, reproduced, retransmitted,
distributed, disseminated, sold, published, broadcasted or circulated whether
in whole or in part, unless expressly permitted by us and/or our suppliers, as
the case may be.
11.2 Nothing contained
on the Mobile Application should be construed as granting by implication,
estoppel, or otherwise, any license or right to use any trademark displayed on
the Mobile Application without our written permission. Misuse of any trademarks
or any other content displayed on the Mobile Application is prohibited.
11.3 We will not
hesitate to take legal action against any unauthorised usage of our trade
marks, name or symbols to preserve and protect its rights in the matter. All
rights not expressly granted herein are reserved. Other product and company
names mentioned herein may also be the trademarks of their respective owners.
12.1 We may
periodically make changes to the contents of the Mobile Application, including
to the descriptions and prices of goods and services advertised, at any time
and without notice. We assume no liability or responsibility for any errors or
omissions in the content of the Mobile Application.
12.2 We reserve the
right to amend these Terms and Conditions of Use from time to time without
notice. The revised Terms and Conditions of Use will be posted on the Mobile
Application and shall take effect from the date of such posting. You are
advised to review these terms and conditions periodically as they are binding
upon you.
13.1 The Mobile
Application can be accessed from all countries around the world where the local
technology permits. As each of these places have differing laws, by accessing
the Mobile Application both you and we agree that the laws of the India,
without regard to the conflicts of laws principles thereof, will apply to all
matters relating to the use of the Mobile Application.
13.2 You accept and
agree that both you and we shall submit to the exclusive jurisdiction of the
courts of the India in respect of any dispute arising out of and/or in
connection with these Terms and Conditions of Use.
14.1 Access to the
Mobile Application and use of the Services offered on the Mobile Application by
Autolligent Technologies Pvt Ltd and/or its group of companies is subject to
this Privacy Policy. By accessing the Mobile Application and by continuing to
use the Services offered, you are deemed to have accepted this Privacy Policy,
and in particular, you are deemed to have consented to our use and disclosure
of your personal information in the manner prescribed in this Privacy Policy
and for the purposes set out in Clauses 3.7 and/or 4.1. We reserve the right to
amend this Privacy Policy from time to time. If you disagree with any part of
this Privacy Policy, you must immediately discontinue your access to the Mobile
Application and your use of the Services.
14.2 As part of the
normal operation of our Services, we collect, use and, in some cases, disclose
information about you to third parties. Accordingly, we have developed this
Privacy Policy in order for you to understand how we collect, use, communicate
and disclose and make use of your personal information when you use the
Services on the Mobile Application:-
(a) Before or at the
time of collecting personal information, we will identify the purposes for
which information is being collected.
(b) We will collect and
use of personal information solely with the objective of fulfilling those
purposes specified by us and for other compatible purposes, unless we obtain
the consent of the individual concerned or as required by law.
(c) We will only retain
personal information as long as necessary for the fulfillment of those
purposes.
(d) We will collect
personal information by lawful and fair means and, where appropriate, with the
knowledge or consent of the individual concerned.
(e) Personal
information should be relevant to the purposes for which it is to be used, and,
to the extent necessary for those purposes, should be accurate, complete, and
up-to-date.
(f) We will protect
personal information by reasonable security safeguards against loss or theft,
as well as unauthorized access, disclosure, copying, use or modification.
We are committed to
conducting our business in accordance with these principles in order to ensure
that the confidentiality of personal information is protected and maintained.
These Terms are
governed by the laws of India. Any matters arising under these terms shall be
subject to the exclusive jurisdiction of courts located in Bangalore.
Grievance
Officer
In case of any
grievance arising from the use of the Platforms, please contact the Grievance
Officer, the details of which are set forth below-
Grievance
Officer: Name: Customer Service
Contact: customer.saleswire@gmail.com
For the
purpose of these Terms of Use, wherever the context so requires "You" or "User" shall
mean any natural or legal person or any entity who has agreed to become a
registered User on the Platform by providing registration data while
registering on the Platform.
SALESWIRE is provided by AUTOLLIGENT
TECCHNOLOGIES PVT LTD "as is" and "with all faults." AUTOLLIGENT
makes no representations or warranties of any kind concerning the safety,
suitability, lack of viruses, inaccuracies, typographical errors, or other
harmful components of SALESWIRE. There are inherent dangers in the use of any
software, and you are solely responsible for determining whether SALESWIRE is
compatible with your equipment and other software installed on your equipment.
You are also solely responsible for the protection of your equipment and backup
of your data, and AUTOLLIGENT will not be liable for any damages you may suffer
in connection with using, modifying, or distributing SALESWIRE.