RALLIS ANUBANDH EDGE – TERMS AND
CONDITIONS
Last Updated on:
05/09/2024
TheseTerms and Conditions (“Terms and Conditions”) shall apply to you if you use our “Rallis
Anubandh Edge”mobile application (“App”) and constitute a legally binding agreement made between
you, whether personally or on behalf of an entity (“you”) and Rallis India Limited, a company
incorporated under the Companies Act, 1913 with its registered office at 23rd Floor, Lodha Excelus,
New Cuffe Parade, Off Eastern Freeway, Wadala, Mumbai 400037 ("Company", "we" or "us").TheseTerms
and Conditions sets forth the terms and conditions of the User’s access and use of the App,accessed
or purchased through the Play Store.
Rallis Anubandh Edge is a digital platform that captures retailers' demographic information, such as
the retailer's name, shop name, and address, as well as business details like GSTN, PAN, bank
details, and sales details for Rallis products. The information captured through the Anubandh Edge
platform will be analysed by Rallis to enhance retailer engagement. Retailers who perform well and
participate in various schemes will earn loyalty points as per scheme criteria, which they can
redeem for benefits through the app.
This document is an electronic record in terms of Information Technology Act, 2000 and rules
thereunder as applicable and the amended provisions pertaining to electronic records in various
statutes as amended by the Information Technology Act, 2000. This electronic record is generated by
a computer system and does not require any physical or digital signatures.You agree that by
accessing the App, you have read, understood, and agree to be bound by all of these Terms and
Conditions. If you do not agree with all of these Terms and Conditions, then you would not be
allowed to use the App and many of it features that require a User to accept these Terms and
Conditions.
For the purpose ofthese Terms and Conditions, wherever the context so requires, the term:
(i)
“Applicable Law” shall include all laws, statutes, ordinances, bills,
regulations, guidelines, policies and other pronouncements having the effect of law of
all or any applicable jurisdictions by state, municipality, court, tribunal, government,
ministry, department, commission, arbitrator or board or such other body which has the
force of law in all or any applicable jurisdiction.
(ii)
“Content” shall include, without limitation, data, text, written posts,
comments, software, scripts, interactive features generated, graphics, images, photos,
documents, audio, video, location data, nearby places and all other forms of information
or data.
(iii)
“Corporate User” shall mean and include a non-individual User.
(iv)
“Grievance Officer” shall have the meaning as ascribed to it under
Clause 16.
(v)
“Services” shall mean the services as detailed under Clause 3 of
theseTerms and Conditions.
(vi)
“Third Party Policies” shall mean these Terms and Conditions(as
amended, modified or restated from time to time) read with policies of TSPs (as defined
below), including but not limited to the policies as enumerated under Clause10 of these
Terms and Conditions.
(vii)
“Third Party Software” shall mean any software or application
developed and owned by a TSP that the Company may contract with, from time to time.
(viii)
“TSPs” shall mean, third party service providers, as applicable, whose
services are used in addition to or in conjunction with the Services of the Company.
(ix)
“User” shall mean either any individual or a natural person or a
Corporate User or who accepts these Terms and Conditionsand who seeks to avail the
Services (as defined under Clause 3) of the Company and has registered/ created a User
Account on the App by providing Account Information as defined under Clause 1.6.
(x)
“User Account” shall mean the account created by the User by providing
the Company, Account Information as defined under Clause 1.6.
(xi)
“User’s Content” shall mean any Content that the User saves, submits,
posts, displays, uploads, shares, transmits, through or in their User Account.
Acceptance and Registration
1.1.
These Terms and Conditions will apply to the User for registering, accessing or
otherwise using the App and availing the Services, indicates the User’s agreement
and acceptance to all the terms under theseTerms and Conditions. By impliedly or
expressly accepting these Terms and Conditions, the User also accepts and agrees to
be bound by:
1.1.1.
all of the Company’s policies (including but not limited to the payment terms and Privacy
Policy , as amended from time to time); and
1.1.2.
any product disclaimers or other restrictions presented to the User on the App.
1.2.
By mere use of the App, the User shall be contracting with the Company and
theseTerms and Conditionsincluding the Third Party Policies, as applicable,
constitutes the User’s binding obligations with the Company.
1.3.
By using the App or availing the Company’s Services, the User agrees that the
Company may use and share User’s Personal Information (as defined below) in
accordance with the terms of the Company’s Privacy
Policy .
1.4.
The Services are made available to the Users through the App, subject to the
User providing the Company User Account Information and registered/ created an
account (“User Account”).
1.5.
User shall at the time of registration of the User Account provide the following
information on the App:
1.5.2.
Name of the Key Person (Proprietor/Managing Partner/Manager)
1.5.5.
Geo-coordinates (State, District/Taluka/ Block/Village)
1.5.12.
Mobile Number (Primary)
1.5.13.
Mobile Number (Secondary)
1.5.16.
Nature of Rallis business -
1.5.17.
Pesticide/Seed/Both
1.5.18.
Are you a Rallis Crop Care or Seeds Distributor?
1.5.23.
Pesticide License
1.5.25.
Beneficiary's Account Type
1.5.26.
Beneficiary's IFSC Code
1.5.27.
Beneficiary's Bank Name
1.5.28.
Cancelled cheque (scan & upload)
1.6.
All or any information mentioned under Clause 1.5 to be entered into the App
by the User, towards creation/ registration of theUser Account, shall
collectively be referred to as “Account Information”. The User Account shall
only be created upon the User providing all the Account Information, as may
be required.
1.7.
User will be responsible for maintaining the confidentiality of the Account
Information and shall be fully responsible for all activities that occur
under its User Account. The User agrees to (i) immediately notify the
Company of any unauthorised use of its Account Information or any other
breach of security, and (ii) ensure that the User exits from its User
Account at the end of each session. The Company cannot and will not be
liable for any loss or damage arising from the User's failure to comply with
this Sub-Clause 1.7.
1.8.
User shall ensure that the Account Information provided by it at the time of
creation of the User Account is complete, accurate and up-to-date. In case
of any change in the account information, such as the primary mobile number
or business address, etc., the user needs to update the account information
by themselves under the user profile. Use of another User’s Account
Information for accessing the other User Account is expressly
prohibited
1.9.
By accessing and using the App, User agrees that User will ensure that the
Account Information is current, accurate and true. The Company may, at the
Company’s sole discretion, suspend or terminate User’s access to theirUser
Account, along with any other remedies available to the Company, if the User
fails to ensure that the particulars of the User’s Account Informationis
relevant, accurate and truthful.
1.10.
These Terms and Conditions along with the Privacy Policy are applicable for
the App. For any other transactional relationship including but not limited
to the schemes or rewards floated by the Company on the App, the relevant
terms and conditions of such schemes and rewards shall be applicable.
Eligibility
The Appis not intended for use of any person under the age of 18. The Company does
not knowingly collect any Personal Information from any person under the age of 18
or market to or solicit information from any person under the age of 18. If the
Company becomes aware that a person submitting Personal Information is under the age
of 18, the Company shall at its option delete or suspend such User Account and any
related information immediately.
Description of Services
3.1.
Rallis Anubandh Edge is an independent platform, providing information and
analysis on sales performance of Users on its App, to help the Users to
monitor their performance and avail benefits (“Service”). Please note that
Appis merely a platform for analysis and information toempower Users and
does not provide any other services including without limitation as a web
aggregator or a broker.
3.2.
Privacy protection: Privacy of the User Content to the extent it contains
Personal Information, is of utmost importance for the Company. Hence the
Company provides privacy protection service as a default service to the
User. Further, the privacy protection provided by the Company is subject to
and governed by the terms of the Company’s Privacy
Policy .
3.3.
Company may use,share and keep confidentialCorporate User’s Personal
Information in accordance with the terms of the Company’s Privacy
Policy .
3.4.
The App and the Services will be available to the User 24x7, except during
scheduled maintenance of the App or an emergency maintenance of the App
which is to be carried out due to a threat to the App, network, facilities,
etc. required for rendering the Services or for reasons beyond the control
of the Company.
3.5.
It is hereby clarified that the Company does not manage User Account. Upon
creation of the User Account, User shall manage their own User Account.
Suspension or Termination or deletion of User Account
4.1.
Suspension or termination of Services by Company.
4.1.1.
The Company may monitor the User’s use of App /Services (but shall not have the
responsibility to do so) to determine whether the User is complying with
theseTerms and Conditions.
4.1.2.
The Company reserves the right to suspend the Services on the App, or terminate
the Services with immediate effect without notice, if:
4.1.2.1.
the Company is required to do so;
4.1.2.2.
the TSPs suspends or terminates the services being provided by them;
4.1.2.3.
the User provides any information, including the Account Information
and/or Personal Information, that is untrue, inaccurate, not current or
incomplete, (or becomes untrue, inaccurate, not current or incomplete)
or if the Company has reasonable grounds to suspect that such
information is untrue, inaccurate, not current, incomplete, or not in
accordance with theseTerms and Conditions;
4.1.2.4.
it is brought to the Company’s notice or if it is discovered that such
User is not eligible to use the App and/or the UserAccount;
4.1.2.5.
the Company believes that the User’s use of the Service may be in breach
of any Applicable Law;
4.1.2.6.
the Company believes that the User has committed a breach of theseTerms
and Conditions;
4.1.2.7.
the Company believes that User’s use of the Service may compromise or
have an adverse effect on the Company’s systems or networks;
4.1.2.8.
the User uses the Services and/or the App in such a way that it disrupts
the traffic on the App or adversely affects the safety laws/ rules/
regulations thereby impacting the User experience and preventing the
Users from using the Services hassle-free; or
4.1.2.9.
the Company has, in more than 1 (one) instance, suspended any of the
Services provided by it to the User for any reason whatsoever, in which
case the Company will have the right to terminate the Services with
immediate effect.
4.1.3.
In the event the Company believes that the User’s use of the Service may be
in breach of any Applicable Law, then the Company may notify the relevant
authorities, and provide them with relevant information as appears
appropriate in the circumstances.
4.1.4.
User agrees that the User will have no claim against the Company and/or the
TSPs in respect of any action taken by the Company and/or the TSPsas
enumerated herein, and the User indemnifies the Company and/or the
TSPsagainst any claim by a User arising out of the same. Further, any
liabilities that may have been incurred by the Company and/or the TSPs,
prior to termination, shall be immediately due and payable.
4.2.
Deletion of User Account by the User.
4.2.1.
User can at any time delete their User Accountby contacting the Company at
connect@rallis.com .
4.2.2.
Upon the User contacting the Company to delete their User Account, a
confirmation message shall be sent to the registered email ID of the User within
five days of such request for deletion by the User, confirming the deletion of
the User Account, post which the User shall not be able to login or access their
User Account.
4.2.3.
Upon deletion of the User Account, User can refer to the scheme specific terms
and conditions for lapse of any accrued benefits. User must, therefore, refer to
the scheme specific terms and conditions before deleting the User Account and
terminating the relationship.
4.2.4.
However, it is hereby clarified that the User’s Personal Information available
with the Company shall continue to be with the Company, to enable compliance
under Applicable Laws and shall not be immediately deleted.
4.3.
The TSPs may, at any time, terminate the services provided by them for any reason
whatsoever, and the Company shall not be responsible or liable for the same.
User’s Obligations, Representations and Warranties
5.1.
User agrees, undertakes and confirms that its use of the App shall be strictly governed
by the binding principles contained herein below. The User further agrees that he is not
a minor or an un-discharged insolvent and shall not host, display, upload, modify,
transmit, update or share any Content/ information that:
5.1.1.
belongs to another person and to which User does not have any right to;
5.1.2.
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;
5.1.3.
is unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" provided as per Applicable Laws;
5.1.4.
is misleading in any way or harasses or advocates harassment of another person;
5.1.5.
involves the transmission of "junk mail", "chain letters", or unsolicited
mass mailing or "spamming";
5.1.6.
infringes upon or violates any third party's rights including, but not
limited to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity;
5.1.7.
provides instructional information about illegal activities such as making
or buying illegal weapons or any other objects, violating someone's privacy, or
providing or creating computer viruses;
5.1.8.
tries to gain unauthorized access or exceeds the scope of authorized access to
the App or to profiles, blogs, communities, account information, bulletins, or
other areas of the App or solicits passwords or personal identifying information
for commercial or unlawful purposes from other Users;
5.1.9.
engages in commercial activities and/ or sales without the Company’s prior
written consent such as contests, sweepstakes, barter, advertising and pyramid
schemes;
5.1.10.
solicits gambling or engages in any gambling activity which the Company, in its
sole discretion, believes is or could be construed as being illegal;
5.1.11.
interferes with another User's use and enjoyment of the App;
5.1.12.
refers to any website or mobile application or URL that, in the Company’s sole
discretion, contains material that is inappropriate for the App or any other
website or mobile application or URL, contains content that would be prohibited
or violates the letter or spirit of theseTerms and Conditions;
5.1.13.
harms minors in any way;violates any law for the time being in force or
impersonates another person;
5.1.14.
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer resource; or
contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other
computer programming routines that may damage, detrimentally interfere with,
diminish value of, surreptitiously intercept or expropriate any system, data or
personal information;
5.1.15.
threatens the unity, integrity, defence, security or sovereignty of India,
India’s friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents investigation
of any offence or is insulting any other nation;
5.1.16.
directly or indirectly, offers, attempts to offer, trades or attempts to trade
in any item, the dealing of which is prohibited or restricted in any manner
under the provisions of any Applicable Law, rule, regulation or guideline for
the time being in force; or
5.1.17.
creates any liability for the Company or causes the Company to lose (in whole or
in part) the services of its TSPs or other suppliers.
5.2.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic
device, program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire, copy or monitor any portion of the App, or in any way reproduce or
circumvent the navigational structure or presentation of the App, to obtain or attempt
to obtain any materials, documents or information through any means not purposely made
available through the App. The Company reserves its right to bar any such activity.
5.3.
User shall not attempt to gain unauthorized access to any portion or feature of the App,
or any other systems or networks connected to the App or to any server, computer,
network, or to any of the Services offered on or through the App, by hacking, password
"mining" or any other illegitimate means.
5.4.
User shall not probe, scan or test the vulnerability of the App or any network connected
to the App nor breach the security or authentication measures on the App or any network
connected to the App. User may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to the App, or any other User, to its
source, or exploit the App, or any service or information made available or offered by
or through the App, in any way where the purpose is to reveal any information, including
but not limited to personal identification or information, other than User’s own
information, as provided for by the App.
5.5.
Server hacking or other perpetration of security breaches is prohibited and the Company
and/or the TSPs reserve the right to deactivate User Account containing information
about hacking or links to such information. User’s use of User Account as an anonymous
gateway is prohibited.
5.6.
User shall not make any negative, denigrating or defamatory statement(s) or comment(s)
about the Company, the App or the brand name used by the Companyor otherwise engage
in any conduct or action that might tarnish the image or reputation, of the Company or
otherwise tarnish or dilute any of the Company’s trade or service marks, trade name
and/or goodwill associated with such trade or service marks, trade name as may be owned
or used by the Company. User agrees that it will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of the App or the
Company’s systems or networks, or any systems or networks connected to the Company.
5.7.
User agrees not to engage in unacceptable use of the Services, which includes, without
limitation, use of the Services to: (1) attempt to mislead any person as to the
identity, source or origin of any communication; (2) interfere, disrupt or attempt to
gain unauthorized access to any computer system, server, network or account for which
User do not have authorization to access or at a level exceeding User’s authorization;
or (3) use User’s server as an “open relay” or for any of the above purposes.
5.8.
User agrees not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the App or any transaction being conducted on the
App, or with any other person's use of the App.
5.9.
User shall not forge headers or otherwise manipulate identifiers in order to disguise
the origin or transmittal of any message the User sends to the Company on or through the
App or any Services offered on or through the App.
5.10.
User shall not use the App or any Content for any purpose that is unlawful or prohibited
by theseTerms and Conditions, or to solicit the performance of any illegal activity or
other activity which infringes the rights of the Company and/ or others.
5.11.
User shall at all times ensure full compliance with all Applicable Laws thereunder as
applicable and as amended from time to time. The User shall not engage in
any transaction in any service, which is prohibited by the provisions of any Applicable
Laws including exchange control laws or regulations for the time being in force.
5.12.
User understands that the Company has the right at all times to disclose any information
available with the Company (including the identity of the person providing information
or materials on the App, its location etc.) as necessary to satisfy any law, regulation
or valid governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or solicitation
of illegal activity or in response to a lawful court order or summons. In addition, the
Company can (and the User hereby expressly authorizes the Company to) disclose any
information about the User to appropriate authority in accordance with Applicable Laws
as the Company, in its sole discretion, believes is necessary or appropriate in
connection with the investigation and/or resolution of possible crimes, especially those
that may involve personal injury.
5.13.
User acknowledges that the Company is required to report cyber security incidents
related information with appropriate authority, such as their identity, location, etc.
and relevant data in connection therewith, which report may include data of the Users
and their activities on the App. The User shall be obligated to extend all assistance as
may be required by the Company from the User in this regard.
5.14.
User acknowledges and agrees that it shall at all times respect the privacy of other
Users of the App.
5.15.
The Company shall have all the right to take necessary action and claim
damages that may occur due to User’s involvement/participation in any way on its own or
through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed
Denial of Services).
5.16.
Any software that is available on the App is the property of the Company. Users may not
use, download or install any software available on the App, unless otherwise expressly
permitted by theseTerms and Conditions or by the express written consent of the Company.
5.17.
Users shall alone be responsible for navigating out of the App. In case a person using
the world wide web/internet receives a spam or virus which includes a link to the App or
to any other site maintained, operated or owned by the Company, it should not be held
responsible for the same. The Company assumes no responsibility for such mails.
5.18.
User acknowledges and agrees that the Company shall have the right to seek and User
shall be obligated to provide any and all information reasonably sought by the Company
pursuant to the User’s use of the Services.
5.19.
User shall be solely responsible for undertaking measures to: (1) prevent any loss or
damage to User Account; (2) ensure the security, confidentiality and integrity of User
Account;and (3) ensure the security, confidentiality and integrity of all UserAccount.
5.20.
User agrees to provide government-issued photo identification and/or government-issued
business identification as required for verification of identity as and when requested
by the Company.
5.21.
Solely to enable the Company to use the Account Information supplied to it by the User
and to ensure that the Company is not in violation of any rights the User may have in
the Account Information, the User agrees to grant the Company a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers)
right to exercise the copyright, publicity, database rights or any other rights the User
has in the Account Information, in any media now known or not currently known. The
Company will only use Account Information in accordance with theseTerms and Conditions
and Privacy
Policy applicable to direct the User to their
User Account.
5.22.
User is responsible for acquiring and updating compatible hardware or devices necessary
to access and use of User Account and any updates thereto. App / Services may be subject
to malfunctions and delays inherent in the use of the internet and/or any electronic
communications.
Privacy (Personal Information, 0User Content and Protection)
6.1.
By availing the Services through the App, the User authorizes the Company to collect
information that can be used to identify or contact a single person, specifically:
- -
Name,
- -
e-mail address,
- - IP address, and
- - Contact number
- -
PAN
- -
GSTN
- -
Pesticide license, others
hereinafter collectively referred to as “Personal Information” and other non-Personal
Information about the User and use and/or disclose the same if the Company believes that
access, use, preservation or disclosure of such information is reasonably necessary to (a)
satisfy any Applicable Law, regulation, legal process or enforceable governmental request
including to law enforcement and in response to a court order, (b) detect, prevent, or
otherwise address fraud, technical or security issues, (c) enforce applicable terms and
conditions, including investigation of potential violations thereof, or (d) protect against
harm to the rights or properties of the Company, its other Users or the public as required
or permitted by law, (e) to protect the Company against thirdparty claims. The Company may
also provide and/or disclose such information to any other trusted businesses or person for
the purpose of processing Personal Information on behalf of the Company. The Company shall
however, not be liable for any misuse of any Personal or non-Personal Information of the
User by any third party.
6.2.
The User remains solely responsible for the User Content of the materials it uploads,
saves and shares on User Account. In no event shall the Company assume or have any
responsibility or liability for any User Content uploaded, saved or shared on User
Account by User, for any claims, damages or losses resulting from use of User Content
and/or appearance of User Content on User Account. User hereby represents and warrants
that it has all necessary rights in and to all User Content which it uploads, saves and
shares on User Account and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information. User agrees and acknowledges that it shall
assume all the risks associated with the User Content, including but not limited to
anyone's reliance on its quality, accuracy, or reliability, or any disclosure by the
User of information in User Content that makes it personally identifiable.
Password
7.1.
During every login, an OTP will be sent to the user’s registered primary mobile number
through SMS.Further, it is the duty of the User to safeguard User’s OTP from any
unauthorized use. Any person in possession of User’s OTP will have both the ability and
User’s authorization to modify User Account and other Service related information and
take other actions which may affect or terminate User’s rights and access to the
Services.
Trademark, Copyright and Restriction
8.1.
All material of, or contained on the App, including artwork, analysis, computer code,
design, structure, selection, co-ordination, expression, the look, feel and arrangement
of the Content on the App, images, illustrations, audio clips, and video clips, are
protected by copyrights, trademarks, and other intellectual property rights. User must
not copy, reproduce, republish, upload, post, transmit or distribute such material in
any way, including by email or other electronic means and whether directly or indirectly
and also, the User must not assist any other person to do so.
Third Party Software
9.1.
The Company reserves the right to modify, change, or discontinue any Third Party
Software at any time, and User agrees to cooperate in performing such steps as may be
necessary to install any updates to the Third Party Software. The Third Party Software
is neither sold nor distributed to User, and User may use the Third Party Software
solely as part of the Services. User may not use the Third Party Software outside of the
Services.
9.2.
The Company may provide User’s Personal Information to the TSPs only to the extent as
required to provide the Third Party Software. User acknowledges and agrees that User’s
use of the Third Party Software is subject to the Company’s agreement(s) with the TSPs.
9.3.
In addition, if the Third Party Software is accompanied by or requires consent to a
service or license agreement from the TSPs, User’s use of the Third Party Software is
subject to such service or license agreement. User may not download, install, or use any
Third Party Software that is accompanied by or requires consent to a service or license
agreement from a TSPs, unless User first agrees to the terms and conditions of such
service or license agreement.
9.4.
User may not remove, modify, or obscure any copyright, trademark, or other proprietary
rights notices that are contained in or on the Third Party Software. User may not
reverse engineer, decompile, or disassemble the Third Party Software, except and only to
the extent that such activity is expressly permitted by Applicable Laws.
9.5.
User acknowledges and agrees that the Company and/or the TSPs make no
representations or warranties about any Third Party Software offered in connection with
the Services, and expressly disclaims any liability or damages (whether direct,
indirect, or consequential) arising from the use of the Third Party Software.
9.6.
User acknowledges and agrees that any Third Party Software will be supported by the
Company and not by the TSPs.
Services provided by TSPs and the TSPs’ policies
10.1.
The Services and User Account may contain components of services provided by TSPs.
10.2.
The Services and User Account may contain links to the programming interface of the
third parties, which may take over from the App and link the User to the portal of such
third parties to process User request and complete the services.
10.3.
Any access to and use of such linked services or programming interface is not governed
by theseTerms and Conditions, but instead shall be governed by the policies of those
TSPs. The Company shall not be responsible for the information practices of such TSPs.
10.4.
Services of User Account may include or link to services that are being provided by
third parties (“Third Party Services”). User’s use of such Third Party Services shall be
governed by the terms and conditions of use and privacy policy applicable to the
corresponding TSPs.
10.5.
Notwithstanding the generality of the above, Users agree that the Appand User Account
allows the below mentioned TSPs to have access to and connect to the App and/or User
Account, and in light of the same, the User shall also be bound by the applicable
policies of such TSPs, to the extent applicableand the same shall be deemed to be
incorporated herein. Users are required to read, understand and agree to the same.
10.6.
The Company does not screen or investigate Third Party Services before or after
including/linking it to the Services. Further, the Company may in its sole discretion
and without any obligation, verify any updates, modifications, or changes to any Third
Party Services included/linked to the Services, wherever deemed appropriate by the
Company, but shall not be liable for any delay or inaccuracies related to such updates.
10.7.
The Company does not endorse any advertising, products or other materials on or
available from such third parties and assumes no responsibility or liability for any
Third Party Services.
10.8.
Third Party Services does not reflect the views of the Company or that of the Company’s
branches, employees, officers, directors, or shareholders.
Disclaimer of Warranties
11.1.
The User is free to delete the User Account and terminate the Services at any time and
acknowledges that the consequences of such termination or deletion shall be at the sole
risk and responsibility of the User.
11.2.
The Company shall not be responsible or liable for any loss or damage, howsoever caused
or suffered by the User arising out of the use of the Services or due to the Company’s
failure to provide the Services at all, for any reason whatsoever whether or not beyond
the control of the Company.
11.3.
The Company makes no representation that the App and the Services will be constantly
available or available at all times. The User agrees and acknowledges that the App and
the Services are provided on an online portal and are susceptible to downtimes, crashes
or other such technical issues for which the Company shall not be responsible to the
User in any manner whatsoever. Nothing contained in theseTerms and Conditions shall be
deemed to be a warranty implied or otherwise as to the availability of the App and the
Services at all times.
11.4.
User agrees and acknowledges that the Company is not responsible for the continuous
availability of any services from the TSPs and shall not be liable for any loss or
damage which may be incurred by the User as a result of such non-availability or
non-fulfilment or as a result of any reliance placed by the User on the completeness,
accuracy or existence of any advertising, products or other materials on, or available
from, such TSPs.
11.5.
Further, the Company shall not be responsible for service interruptions caused by: (1)
periodic scheduled maintenance or repairs the Company or the TSPs may undertake from
time to time; (2) interruptions caused by User from custom scripting, coding or the
installation of thirdparty applications; (3) outages that do not affect the appearance
of User Account but merely affect access to UserAccount; (4) causes beyond the Company’s
control or that are not reasonably foreseeable; and (5) outages related to the
reliability of certain programming environments.
11.6.
Unscheduled maintenance may need to be performed. During this time the server may be
off-line.
11.7.
Further, certain notices may be posted by the Company at the time of User’s login to its
User Account. If User fails to respond to the said notices, the Company may, at its sole
discretion, suspend the Services.
11.8.
The Company expressly disclaims any liability for any offensive, defamatory, illegal,
invasive or unfair, or infringing Third Party Services.
11.9.
USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT, USER’S USE OF THE APPAND THE SERVICES IS
AT ITS OWN RISK. THE COMPANY, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE
PRACTICE OR ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE APP, (B) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS APP, (C) THE SERVICES FOUND AT THIS APP OR ANY SITES
LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, AND THE
COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME, (D) THE SERVICE OR QUALITY
OF ANY SERVICES OR INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND/OR (E)
THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN
"AS IS" BASIS. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE APP WILL BE
UNINTERRUPTED, ERROR-FREE, TIMELY, COMPLETELY SECURE OR OPERATE IN COMBINATION WITH ANY
OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.
IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN
INFORMATION OR ADVICE PROVIDED BY THE COMPANY, ITS AFFILIATES, GROUP COMPANIES,
OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER
SERVICE REPRESENTATIVES), AND TSPS WILL (A) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (B)
CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS APP OR THE SERVICES FOUND AT THIS
APP, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST
EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS
AND CONDITIONS OR USER’S USE OF THIS APP OR THE SERVICES FOUND AT THIS APP.
Remedy
Termination or expiration of these Terms, in part or in whole, shall not limit the Company
from pursuing other remedies available to it, nor shall the Company be liable to the User
for any damages resulting solely from termination as permitted herein.
Indemnity
As a condition of its use of the App, User shall indemnify and hold harmless the Company,its
affiliates, group companies (as applicable) and their respective officers, directors, agents
and employees, from any claim or demand, or actions including reasonable attorneys' fees,
made by any third party or penalty imposed due to or arising out of the User’s breach of
these Terms and Conditions, Privacy
Policy
and other policies, or
the User’s violation of any law, rules or regulations or the rights (including infringement
of intellectual property rights) of a third party.
Limitation of Liability
14.1.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, BE LIABLE TO THE USER FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS AND
CONDITIONS, INCLUDING ANY THAT MAY RESULT FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF
ANY NATURE WHATSOEVER, (II) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL
INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV)
ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS APP OR ANY SITES LINKED
(THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, (V) ANY VIRUSES,
WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS APP OR
ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS APP, (VI)
ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR
ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE,AND/OR
(VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF THIS APP OR
THE SERVICES FOUND AT THIS APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Jurisdiction and Dispute Resolution
The Terms shall be governed by and interpreted and construed in accordance with the laws of
India.Any dispute or disagreement arising out of these Terms including but not limited to
issues relating to the rights and liabilities of both the Users and/or the Company,
interpretation of these Terms, and all such other issues arising out of these Terms shall be
subject to the exclusive jurisdiction of the courts at Mumbai.
Grievance Officer for Redressal
16.1.
In accordance with Information Technology Act, 2000 and rules made thereunder, the
name, contact details and designation of the Grievance Officer are provided below:
- Grievance Officer: Mr.PiyushAlset
- Designation: Assistant Manager
- Contact Number: 91-9890891136
- Address: 23rd Floor, Lodha Excelus, Off eastern freeway,
Wadala, Mumbai,
- Email: connect@rallis.com
- Timings: 09:00 AM - 05:00 PM (on all working days)
16.2.
In the event of any questions or comments or complaints (including any inquiries or
issues related to use of a trademark, trademark or copyright infringement) raised by the
User, regarding the App or the Services, the same shall be acknowledged and redressed by
the Grievance Officer within the timelines specified under Applicable Laws.
Miscellaneous
17.1.
Certain terms may be defined in theseTerms and Conditions and wherever such terms are
used in theseTerms and Conditions, they shall have the meaning so assigned to them.
17.2.
For the purpose oftheseTerms and Conditions words importing the singular include the
plural and vice versa, pronouns importing a gender include each of the masculine,
feminine and neuter genders, and where a word or phrase is defined, other parts of
speech and grammatical forms of that word or phrase shall have the corresponding
meanings.
17.3.
The titles and headings of theseTerms and Conditions are for convenience and ease of
reference only and shall not be utilized in any way to construe or interpret the
agreement of the parties as otherwise set forth herein.
17.4.
Each covenant and agreement in theseTerms and Conditions shall be construed for all
purposes to be a separate and independent covenant or agreement.
17.5.
If a court of competent jurisdiction holds any provision (or portion of a provision) of
theseTerms and Conditions to be illegal, invalid, or otherwise unenforceable, the
remaining provisions (or portions of provisions) of theseTerms and Conditions shall not
be affected thereby and shall be found to be valid and enforceable to the fullest extent
permitted by law.
17.6.
Throughout theseTerms and Conditions, the Company’s prior written consent means a
communication coming from the Company’s concerned department, specifically in response
to the User’s request, and specifically addressing the activity or conduct for which the
User seeks authorization.
17.7.1.
When the User avails any of the Services through the App, User will be subject
to the rules, guidelines, policies, terms, and conditions applicable to such
service, and they shall be deemed to be incorporated into theseTerms and
Conditions and shall be considered as a part of theseTerms and Conditions. The
Company reserves the right, at its sole discretion, to change, modify, add or
remove portions of theseTerms and Conditions, at any time without any prior
written notice to the User. It is the User’s sole responsibility to review
theseTerms and Conditions periodically for updates or changes. The User’s
continued use of the App following the posting of changes shall be deemed to
mean that the User accepts and agrees to the revisions. As long as the User
complies with theseTerms and Conditions, the Company grants the User a personal,
non-exclusive, limited privilege to enter and use the App.
17.7.2.
In addition, the Company may occasionally notify User of changes or
modifications to theseTerms and Conditions by email or any other medium as it
may deem fit. It is therefore very important that the User keep User’s Account
Information, including User’s email address and other details, updated at all
times. The Company assumes no liability or responsibility for User’s failure to
receive a notification if such failure results from an inaccurate or out-of-date
contact infomration.
17.8.
You shall not assign these Terms and Conditions or any of your intertest, rights or
obligations under these Terms of Use.
Reward Redemption Process Terms and Conditions
18.1
Eligibility Criteria:
a) Only registered retailers holding a principal certificate issued by an authorized channel
partner of Company are eligible to participate in the reward redemption scheme
(Schem).
b) Retailers must accumulate minimum points each year as may be required under the
scheme, from time to time, to qualify for participation in the scheme.
18.2
Points Accumulation:
a) The points recorded by the Company are considered final for the purpose of evaluation
and redemption.
b) In case in future if any bar code/QR code system is implemented for the purpose of
evaluation of the points the same shall be followed by retailors for participating in the
scheme.
18.3
Modification of Points and Value:
a) Company Management reserves the exclusive right to determine and modify the value of
points at any time, without prior notice to the channel partners or retailers.
18.4
Use of Personal Information:
a) By participating in the program, the retailer or channel partner consents to the use of their
name and other relevant details in all future offers, promotions, and related programs
conducted by Company.
18.5
Reward Determination:
a) Company shall solely determine the type and value of rewards/awards to be given under the scheme.
b) The rewards/awards are non-transferable and cannot be exchanged for cash.
18.6
Right to Amend or Cancel: Company reserves the right to change, amend, extend, or cancel
applicable offers, or any part thereof, at any time without prior notice or providing reasons.
18.7
Finality of Decisions: All decisions made by Company regarding this offer shall be final and binding on all participants.
Reportabuse
If any person believe that they may have any information regarding the abuse of the Company’s
Services, please contact Company at connect@rallis.com .