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TERMS AND CONDITIONS OF SERVICE AND USE

An3 Web Solutions Private Limited, a Private Limited Company, incorporated in India, under the provisions of the Indian Companies Act, 2013, having its registered office at 13 A, Seethakathi Thaika Street, Sivakasi- 626123, Tamilnadu, India, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Website/mobile application www.couponmachi.in (hereinafter collectively referred to as the “Platform”).

 

  1. DEFINITION

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

  1. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
  2. “User shall mean and refer to natural and legal individuals who use the Website and who intend to seek information and make use of the coupon codes and promotional offers offered on the platform. They must be competent to enter into binding contracts, as per Indian laws.
  • “Partner” shall refer to brands/businesses whose coupons shall be displayed on the Platform. The Partners shall have the access to post, edit and remove coupons of brands and business entities they own.
  1. “Services” refer to providing a Platform for where a collection of discount Coupons of popular e-commerce sites, online and offline retail brands, food outlets and travel booking sites are displayed. The Users can use the coupon codes while making purchases on the service providers’ website or stores. The User can also visit the website of the brand directly through the affiliate link on the Platform.
  2. “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
  3. The term “Platform” refers to the Website which enables the Users to subscribe to the services of business entities partnered with the Platform. The services subscribed may be provided through an online platform or through an offline mode, specifically required for the services.
  4. TERMS
  5. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
  6. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made there to by the Company, from time to time, at its sole discretion. If the Users continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
  • The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
  1. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
  2. SERVICE OVERVIEW

The Company shall provide a Platform where a collection of discount Coupons of popular e-commerce sites, online and offline retail brands, food outlets and travel booking sites are displayed. The Users can use the coupon codes while making purchases on the website or stores of the brands whose coupons are diplayed. The Client can also visit the website of the brand directly through the affiliate link on the Platform.

  1. REGISTRATION
  1. Registration is mandatory for the Users to access the Services provided by the Company through the Platform. Visitors shall register themselves on the Platform by providing information including but not limited to personal information of which E-mail id and name shall be mandatory information, the User shall have the discretion of updating their profile with information regarding their Address and contact number, location, age, qualification and date of birth and social media account details.
  2. The Users can link his Facebook, Google Plus Profile account to the Platform at present.
  3. The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the discretion of the Company. Presently Charges are incurred after registration depending on the Services the Visitor would like to avail.
  4. Registration for this Platform is available only to those above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents. In the event of individuals below 18 accessing or registering on the platform the onus or responsibility for the acts performed by them shall lie with their guardians, the Company or platform shall not be held liable in any manner.
  5. The Partners will have to provide First Name, Last Name, Company or Personal Social Media URL, Business Address, Location, City, State, Pin code, Email, Phone Number, Website, Brand Name, Description, Logo, Banner, Company registration certificates and Owner/Proprietor details at the time of registering on the Platform. The same shall be verified by the Company, the Partner’s profile on the Platform would become active after successful authorisation of the Profile by the Company. If the Company does not authorise the Profile of the Partner after verification, the account will not be activated and the User will not be able post, modify or delete coupons concerned with his brands or business entity.
  6. Further, at any time during the use of this Platform, including but not limited to the time of registration, the Users and Partners are solely responsible for protecting the confidentiality of their Username and password, and any activity under the account shall be deemed to have been done by them.
  7. ELIGIBILITY
    1. The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
    2. The User operates the account and avails the services solely for his personal purposes without any ulterior motives or intent to cheat the Platform, Company or their affiliates.
    3. The Partner shall only post coupons concerned with brands they own or with their business entity. They shall under no circumstances infringe upon the intellectual property rights or promotional rights over brands of businesses they are not associated with.
    4. The Partners shall only promote goods and services, which are legally permissible under Indian laws.
  8. CONTENT
  9. The Content displayed on the Platform that is created by the Firm is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Firm and the copyright owner.
  10. Users shall be solely responsible for the authenticity of the content generated on the platform by them in the form of profile information, user experiences, comments and reviews.
  11. The Partners shall be solely responsible for content generated by them in the form of coupons and promotional brands posted on the Platform.
  12. The Platform reserves its right to suspend the account of any User or Partner for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User or Partner who is found to have created or shared or submitted any Content in the form of review or content coupon post or part thereof that is found to be untrue/inaccurate/misleading, offensive or promotes a business not legally permissible under the laws of the land.

The User or Partner shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. All the information of the business provided by the customer should be up to date and authentic.

  1. TERM & TERMINATION
    1. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platform
    2. A Customer may terminate their use of the Services and the Platform at any time.
    3. The Firm may terminate these Terms and close a User or Partner’s account at any time without notice and/or suspend or terminate a User’s or Partner’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
    4. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
    5. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
    6. The Company reserves the right, in its sole discretion, to unilaterally terminate the Visitor’s access to the Services, or any portion thereof, at any time, without notice or cause.
    7. The Platform also reserves the universal right to deny access to particular Users, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
    8. The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Users, or to change any of the features or introduce new features without prior notice.
      1. The Users shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
  1. COMMUNICATION
  1. By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the Users and Partners hereby agrees and consents to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
  2. Customer can report to the Company any grievances or suggestions that they have through e-mail on support@couponmachi.in. If they find any discrepancy with regard to Service related information and the Firm will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation.
  3. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted User of this Platform and that they:

  1. Agree to provide genuine credentials during the process of registration on the Platform. They shall not provide false or incorrect information.
  2. Agree that they are solely responsible for maintaining the confidentiality of their account password. The User has to notify the Company immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
  3. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption’s, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
  4. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
  5. Users expressly consent to follow the terms and conditions, and policies of the Customers whose web pages are hosted by the Firm from whom they are making purchases.
  6. Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the User including but not limited to acts of fraud and falsification of information.
  7. Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Firm or Platform shall not be responsible for any resultant losses suffered.

Further:

  1. The Users hereby expressly authorizes the Company/Platform to disclose any and all information relating to the User in the possession of the Firm /Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involving personal injury and theft/infringement of intellectual property. The User further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  2. The Users and Partners agree to use the services provided by the Company and its Business Partners, for lawful purposes only.
  3. Users and Partners agree to provide authentic and true information. The Company reserves the right to suspend a Company’s account if the information is found to be false or incorrect or the services are being misused, the Company may suspend the User’s account.
  4. The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
  5. belongs to another person or business and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  6. violates any law for the time being in force;
  • deceives or misleads the other users

 

  • INDEMNIFICATION

The Users  and Partners agree to indemnify and hold harmless the Company, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized  by the Company.

  1. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the Users a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.

  1. FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

  1. DISPUTE RESOLUTION AND JURISDICTION
  1. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
  2. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (50) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
  3. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Firm, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Sivakasi, Tamilnadu, India

The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

  1. JURISDICTION

The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of Sivakasi, Tamilnadu, India.

 

  1. GRIEVANCES

a.      Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Firm by the User by emailing to support@couponmachi.in.

 

  1. MISCELLANEOUS PROVISIONS
    1. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User, Partner and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
    2. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
    3. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
    4. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at support@couponmachi.in.