Terms Of Service

 

Please read the following terms and conditions very carefully as your use of service are subject to your acceptance of and compliance with the following terms and conditions ("Terms")

General:

By subscribing to or using any of our services, you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not agree to the Terms, you must not subscribe to or use our services.

You must be capable of entering into a binding contract in your jurisdiction to register as a member or use the The Company Services. If you do not qualify, do not use the Service. By using the Application and/or The Company’s Services, you represent and warrant that you have the right, authority, competency and capacity to enter into these Terms of Service and to abide by all of the terms and conditions set forth herein.

In these Terms, references to:

Commercial / contractual terms shall include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Enduser or Buyer shall mean the end user availing the Services of independent third party service provider(s) using the Application.

"we", "us" and "our" shall mean The Company, its franchisees, affiliates or partners. Independent third party Service Providers or Seller shall mean the person offering services to Enduser(s) or Buyers using the Application.

"Listing", shall mean any Independent third party Service Providers or Seller who in their individual capacity list the information/service in the Application.User shall mean and include both Enduser, Buyer, Independent third party Service Provider and Seller.

1.Commercial / contractual terms shall include without limitation price, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Enduser or Buyer shall mean the end user availing the Services of independent third party service provider(s) using the Application.

"we", "us" and "our" shall mean The Company, its franchisees, affiliates or partners. Independent third party Service Providers or Seller shall mean the person offering services to Enduser(s) or Buyers using the Application.

"Listing", shall mean any Independent third party Service Providers or Seller who in their individual capacity list the information/service in the Application.User shall mean and include both Enduser, Buyer, Independent third party Service Provider and Seller.

1. Services Offered:

The Company provides a technology platform that enables independent third party service providers (Hereinafter referred to as Seller) and buyer to interact and exchange information / Service and collect fees for services on behalf of seller (all such services, collectively, the "Service"). The Application is only a venue through which Users can reach a larger base of users to list, buy and sell information/data or The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the information/data or services shall be a strictly bipartite contract between the Seller and the buyer. At no time shall any right, title or interest over the information/data or services vest with The Company nor shall The Company have any obligations or liabilities in respect of such contract.

2.

The Company is not responsible for any non-performance or breach of any contract entered into between seller and buyer. The Company cannot and does not guarantee that the concerned seller/buyer will perform any transaction concluded on the Application. The Company shall not and is not required to mediate or resolve any dispute or disagreement between the seller and buyer.

3. No Guarantee of Business:

We do not guarantees that enquiries and leads will be generated by it for a Listing or that any such enquiries/lead will be converted into business for the user/end user. The Company is not obliged and does not market the offerings of a particular user and shall not be obliged to recommend a user or Listing to the End User.

4.

The Company’s Rights and Obligations: The Company reserves the right, at its sole discretion to reject, remove a Listing or a part of the listing at any time without being obliged to provide any reasons. The Company reserves the right to, at all times, monitor a Listing to ensure compliance with these terms and conditions.

5. User Account:

The User may be required to create his/ her own User ID and Password in order to register and/ or use the services on the Application. By accepting these Terms, the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;Choose a new password, whenever required for security reasons.

Keep his/ her User ID & Password strictly confidential.Be responsible for any transactions made by User under such User ID and Password.The Company may verify at the time of creation of account or from time the credientials provided at the time of creation of the user account, including but not limited to phone number, email address, bank account, credit card details, etc.

6. User's Obligations:

User represents and warrants that the information/data provided by you does not violate or infringe upon any law or regulation. All information provided by the user to us is and shall at all times be accurate, valid and complete. It would be solely responsible and liable for the information provided (including but not limited to the content or details pertaining to any intellectual property provided by the user to us) to us.

7. End User's Obligations:

  • It is End User’s duty to verify the information/data or services provided or listed in the Application before sharing/buying/availing such information/data or services. The Company shall not guarantee or warrant the information/data or services provided or listed in the Application.
  • Users are advised to independently verify the bona fides of any particular User that you choose to deal with on the Application and use your best judgment in that behalf.

8. Our Service:

Wallet Money:

Our Wallet Money Service allows users who register on the Site ("Members") and therefore create an account with us ("Account") to earn Wallet Money on tracked purchases from Service Providers. To qualify for Wallet Money, the Service Provider must confirm that the Member's purchase is tracked, genuine and successful (constituting a "Qualifying Transaction"), and your resulting Wallet Money must be received by us (becoming "Wallet Money" as a result).

In the event that the Service Provider do no track a transaction using their affiliate tracking system, then such sales might not be paid to Referyogi, and hence any due or expected Wallet Money from these sales will also not be paid to the Member.

Treasure Value:

indicates your net worth of coupons code generated till date by the member

9. Treasure and Referral Fees:

After a Member successfully completes a Qualifying Transaction, and once we have received the resulting treasure for that Qualifying Transaction, we will transfer the qualifying treasure value to the Member’s wallet as Wallet Money, Members can transfer this wallet money through available Receipt Method.

Please note that there are various circumstances in which a transaction with a Service Provider may not constitute a Qualifying Transaction, or Wallet Money may not result from it. This is also true for a Qualifying Referral. The Member understands that all transactions made by him/her are not with us, but with the individual Service Providers. Our FAQ provide further information about these circumstances. Further, from time to time Service Providers may increase or decrease the commission paid – in which case the treasure value illustrated on our Site may be incorrect. By default, your applicable transactions will be credited in line with the commission reported to us by the Service Provider, which may be more or less than the advertised rate. We shall not be liable for any difference in the expected treasure by the Member and the actual Wallet Money received by the Member.

When we have traced a paying, positively Qualifying Transaction to your Account, we will credit your Account with Treasure. Once the Service Provider confirms the transaction, the payment will be marked as 'validated' and the amount is moved to Wallet Money– this can take 90 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means then the Treasure conversion to Wallet Money will not be made. Apart from the Service Provider, it is also mandatory for the members to intimate Referyogi about any returns or exchanges for which they might have earned treasure unduly.

Whether a transaction shall qualify as a Qualifying for Wallet Money Transaction (including Wallet Money through a Qualifying Referral) shall be at the sole discretion of the Service Provider or us and the Member understands and agrees to the same. We shall not be held responsible if the Service Provider fails to report a sale to us or does not qualify a transaction as Qualifying Transaction. Further, we shall not be responsible in the event due to some technical or other error we cannot trace a sale back to the Member and does not qualify the transaction as a Qualifying Transaction or a Qualifying Referral for any reason whatsoever. Whilst we will endeavour to recuperate non-payments from the Service Provider, the decision of ourselves, the Service Provider or Service Provider's tracking agent is final. Whilst we will try and recuperate missing commissions, at any point we reserve the right not to chase missing commission claims, particularly where no purchase has been made.

Further, in the event that the Service Provider feels that the purchase is not genuine for any reason whatsoever and we do not receive any Wallet Money for the transaction, the Member will not receive any Wallet Money.

When a Member sends us an enquiry on missing treasure, our system would check if the Service Provider has validated the coupon code though Referyogi merchant page, if no such recorders exists then the user will be notified of the same & no Wallet Money will be earned by the member. Where a commission enquiry has been successfully paid by a Service Provider, you may receive a lower amount than expected; this is due to the amounts received by ourselves possibly being lower than the original claim. We do allow you to query this with us. If a Service Provider still hasn't paid a manual commission claim after a period of six months then we reserve the right to close the enquiry claim. All payment for Missing Wallet Money is only applicable in instances where the Service Provider pays the Company.

We reserve the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a Service Provider or its agencies and/or misuse or fraud. This can include transactions which are already marked as payable or validated in your Account, or for transactions which have already been paid over to you by [NEFT or Cheque] or any other means. In all such incidences, Referyogi has the right to recover all unduly paid treasures which the member is not entitled to earn, through legal proceedings.

There are various circumstances in which treasures will not be payable to the Member, and will be forfeited to us, these could be, without limitation:

a. where the treasures payment that we receive is not attributed to a Qualifying Transaction or associated with an Account (such as where the Service Provider has not redeemed the coupon code on his merchant page at the time of purchase)
b. the transaction to which the treasures relates is cancelled after it has been entered into (whether under the right of cancellation that applies to some sales made at a distance, or otherwise) the treasures is attributed to a Member or Account that has been:
i. suspended by us for any other reason;
ii. associated with any fraudulent activity or any breach of this Agreement;
Our FAQ provide further information about these circumstances.


10. Your Account:

You can withdraw your validated Wallet Money when you have at least Rs 500 in your Account. In the event the Member decides to close the Account with us or the Member's Account is closed for any reason whatsoever, before reaching the initial Rs 500 limit, there mind be a small transaction fee to withdraw the treasures. We have the discretion to forfeit any such validated balance showing on your Account for the reasons provided elsewhere in this Agreement.

11. Payment:

1.

Membership on the Application is free, which is detailed in our Consideration Policy. we do not charge any fee for browsing, bidding and buying on the Application.

2.

We reserve the right to change any policies from time to time. In particular, we may at its sole discretion introduce new services and modify some or all of the existing services offered on the Application. In such an event we reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Consideration Policy shall be posted on the Application and such changes shall automatically become effective immediately after they are posted on the Application.

12. Information/Data:

You shall not host, display, upload, modify, publish, transmit or update any information or list(s) any information or item that:

1.

belongs to another person and to which You does not have any right to;

2.

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

3.

harm minors in any way;

4.

infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;

5.

violates any law for the time being in force.

13. Communication:

You will be required to provide a valid phone number at the time of using the service through the Application. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any service related updates.

14. Warranty:

1.

The user warrants and represents that all details and information provided to the Application by you are true and accurate and are not false, misleading or deceptive and the information contained on the Application will be kept accurate and up to date and compliant with these terms and conditions.

2.

We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Application and use your best judgment in that behalf.

15. Third-Party Application listing:

The Company or a Listing may be linked to the website/App of third parties, affiliates and business partners. The Company has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites/Application made available by/through our Application. Inclusion of any link on the Application does not imply that the Application endorses the linked site. End User may use the links and these services at the End User’s own risk.

16. Cancellation by Site

If we suspect any fraudulent transaction by any end user or any transaction which defies the terms & conditions of using the Application/service, we at our sole discretion could cancel such services. We will maintain a negative list of all fraudulent transactions by end user and would deny access to them or cancel any transaction placed by them.

17. Refund

1.

No refund will be made once a purchase is made or deal is concluded. It is up to the user to evaluate a fit of the item/service during the sharing/purchasing/availing period. Once purchase is made or deal is concluded, it’s non-refundable and non-transferable.

2.

The Company reserves the right to take the final and binding decision with regard to requests for refund.

3.

In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach The Company with his/ her claim details and claim refund from The Company alone. Such refund (if any) shall be effected only by The Company via payment gateway or by means of a demand draft or such other means as The Company deems appropriate and applicable.

4.

In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to The Company account by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.

5.

Server Slow Down/Session Timeout: In case the Application or Payment Service Provider’s webpage, that is linked to the Application, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

6.

In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact The Company via e-mail or any other mode of contact as provided by The Company to confirm payment.

7.

In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

8.

However, the User agrees that under no circumstances the The Company shall be held responsible for such fraudulent/duplicate transactions.

18. Liability

1.

The Company assumes no responsibility, and shall not be liable for any commercial / contractual terms are offered by and agreed to between buyers and sellers. It is the responsibility of the user alone to ensure that the information/ data either stored in Application or taken out from Application by printing or exporting to any computer file format or data stored offline in mobile devices of users accessing Application, is used in compliance with privacy laws applicable to the user’s business transactions.

2.

The Company has made this Service available to the User as a matter of convenience. The Company expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that The Company reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

3.

The Company shall not be liable for any inaccuracy, error or delay in, or omission of (a) any data, information or message, or (b) the transmission or delivery of any such data, information or message; or (c) any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the The Company, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

4.

The Company assume no liability whatsoever for any monetary or other damage suffered by the User on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services in connection thereto.

5.

The User shall indemnify and hold harmless The Company and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services.

6.

The User agrees that The Company or any of its employees will not be held liable by the User for any loss or damages arising from your use of, or reliance upon the information contained on the Application, or any failure to comply with these Terms and Conditions where such failure is due to circumstance beyond The Company’s reasonable control.

7.

In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment.

8.

However, the User agrees that under no circumstances the The Company shall be held responsible for such fraudulent/duplicate transactions.

19. Indemnity:

The user agrees to defend, indemnify and hold harmless The Company, its employees, directors, officers, agents, representatives and their successors and assigns from and against any and all claims, liabilities, damages, losses, demands, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your access to and use of Services, which may result in any loss or liability to The Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

20. Disclaimer and Limitation of Liability:

THE SERVICES ARE MADE AVAILABLE OR PROVIDED ON AN "AS-IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Company LIABILITY FOR ANY CLAIM ARISING UNDER OR RELATING TO THIS TERMS OR ANY SERVICE SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT PAID, AND ANY AMOUNTS OWED BUT NOT YET PAID, FOR THE RELEVANT SERVICE.

21. Intellectual Property Rights:

1.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The Company owns all Intellectual Property Rights to and into the Application/Service, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Application belonging to The Company without obtaining authorization from The Company.

2.

The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

3.

Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Application for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.

22. Term & Termination

The Company may suspend or terminate your use of the Application or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. The Company may delete any content or other materials relating to your use of the Service and The Company will have no liability to you or any third party for doing so. You shall be liable to pay for any Service that you have already availed/ordered till the time of Termination by either party whatsoever.

23. Confidentiality

The user shall keep all and any information regarding the service availed and other Listings and seller/purchaser confidential information, both, during the subsistence of the Agreement and after its Termination. The user shall not, without prior written consent of the Application transfer (whether for consideration or otherwise) such information to any third-party for any reason whatsoever. The user is specifically prohibited from using the confidential information for purposes of seeking any commercial gain out of the said information. In the event The Company is made aware of any such practice of such violation of the terms and/or conditions of this terms, The Company shall be entitled to terminate the Agreement as well as initiate legal proceedings against the user, as it may deem fit at its sole discretion and without prejudice to rights available to it under applicable law.

24. Governing Law:

This site is created and controlled by The Company. The laws of India shall apply and courts in Chennai shall have jurisdiction in respect of all the terms, conditions and disclaimers. The Company reserves the right to make changes to the Application/service and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/Application of The Company.

25. Arbitration:

If any dispute arises between you and The Company during your use of the Application or services, in connection with the validity, interpretation, implementation or alleged breach of any provision of this terms or any of our policy or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by The Company. The place of arbitration shall be Chennai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

26. Miscellaneous:

1.

Any waiver of any rights available to The Company under these terms shall not mean that those rights are automatically waived.

2.

The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that The Company have no control over such matters.

3.

Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, The Company does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

4.

The Company and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Application.

27. Customer Services:

If you have any query, please e-mail us at [email protected]

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