Terms of Service

Introduction

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the websites located at https://www.TheBrandWallet.com & https://www.BrandWallet.in and the apps located at Google Play Store & Apple AppStore (collectively called the “Service”).

The Service is owned and operated by Brand Wallet Pvt. Ltd., a company incorporated under the Companies Act, 2013 with its registered office at 302, Kapil Klassic, Baner Road, Pune-411045, Maharashtra, India (“BrandWallet”). The Service includes all of the BrandWallet products, features, applications, services, technologies and software that we provide to advance BrandWallet’s mission: To bring you closer to your favourite brands.

These terms of service (“Terms”), including the various policies incorporated by reference in these Terms, govern your access to and use of the Service and the underlying services provided by us through the Apps & Websites, including all of the BrandWallet products, features, applications, services, technologies, software, communications, APIs, buttons, widgets, ads, and other covered services that may link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on or as a part of the Services (collectively referred to as “Content”). Your access to and use of the Services, however accessed, constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between You and BrandWallet. When You use any of the Services provided by Us, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Service, and they shall be deemed to be incorporated into and shall apply in addition to these Terms. If you transact on the App or our website, you shall be subject to the policies that are applicable to the App for such transaction.

By downloading or using the Service, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the Service. If you do not agree to these Terms, you must immediately uninstall the Apps, close our websites and discontinue their use. If you have any questions regarding these Terms, you can email us listen@thebrandwallet.com.

In these Terms, unless the context otherwise requires, references to:

  1. “You”, “you”, “User” or “user”, shall mean any natural or legal person who has agreed to become an end user by accessing the Contents of the Service, or using the Services, by providing some personal information (more particularly described in the privacy policy and including but not limited to your name, mobile phone number and email id, while registering on the App (“Registration Data”), and the terms “Your” and “your” shall be construed accordingly;
  2. “We”, “we”, “Us”, “us” or “BrandWallet”, shall mean Brand Wallet Private Limited, its affiliates, permitted assigns and partners, and the terms “Our” and “our” shall be construed accordingly;
  3. “Partner Brands” shall mean company who has executed a [loyalty agreement] with us for listing on the App as a part of the Services, and eligible for users to participate in their respective Loyalty Programs;
  4. “BrandWallet Code” shall mean the QR code (and its equivalent alphanumeric code) attached to the merchandise of partner brands;
  5. “Loyalty Coins” shall mean the loyalty credit added to the User’s account on successful scanning of authentic BrandWallet Codes; and
  6. “Loyalty Reward” shall mean products listed on the respective Store of our partner brands as a part of the Services, to be provided against debit of Loyalty Coins;

1.      Changes to the Agreements

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to you. It is your responsibility to review these Terms periodically for updates / changes. Your continued use of the Service following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these terms, we grant you a personal, non-exclusive, non-transferable, limited privilege to access and use the services.

In the event of a special feature with its own terms and conditions being offered, the same shall apply in addition to these terms. In case of a conflict of the terms and conditions of such special feature with these terms, the terms specific to the special feature shall prevail.

2.      Membership Eligibility

Use of the Services is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. If you are a minor, i.e., under the age of 18 years, or are otherwise ‘incompetent to contract’ under the Indian Contract Act, 1872, you are not eligible to use the Services and you shall not register as a User of or interact with the Service. If minors wish to use the Service, all transactions shall be required to be made by their legal guardians/parents who must be registered Users of the App. We reserve the right to terminate your membership and/or refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are under the age of 18 years or are ‘incompetent to contract’.

The Service is not available to Employees, Agents, Dealers, or Distributors of our Partner Brands, and their immediate families.

We must not have previously disabled your account for violation of law or any of our policies.

3.      User Account, Password, and Security

You will receive an account upon completing the Service’s registration process by providing the Registration Data. You agree to maintain accurate, complete, and up-to-date information in your account. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the spirit of these Terms, the same may result in your inability to access and use the Services and we shall have the right to indefinitely suspend or terminate or block access of your membership and refuse to provide You with access to any and all current or future use of the Service (or any portion thereof).  All of your loyalty coin balances across brands would be forfeited without any compensation.

You are responsible for maintaining the confidentiality of your account, and are fully responsible for all activities that occur under your account (whether by you or by others). You agree to immediately notify us of any unauthorized use of your account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your account information.

Unless otherwise permitted by BrandWallet in writing, you may only possess one account.

4.      The Services

The BrandWallet Apps are only applications that provide access to a technology platform, managed by BrandWallet, which enables Users to interact with Partner Brands and participate in their loyalty programs. It is a marketplace for the listing of loyalty rewards by the partner brands, and for the redemption of such rewards, by the Users in consideration of their loyalty coins. BrandWallet is an intermediary for all such transactions and is not a party to nor controls in any manner any transaction by the App’s Users. You agree that BrandWallet is only providing a platform for communication and it is agreed that any contract for redemption or delivery of any of the loyalty rewards, as may be applicable, shall be strictly a bipartite contract between the partner brand and You, for which BrandWallet will only be fulfilling the delivery of the relevant reward, strictly on behalf of the partner brand. BrandWallet, its affiliates, permitted assigns or partners are not liable for anything whatsoever that is undertaken using this platform and:

  1. All commercial/contractual terms are offered by and agreed to between partner brands and You alone.
  2. The commercial/contractual terms in relation to reward products include, without limitation, the listing, any shipping costs, usage terms, date, period and mode of delivery, warranties related to products and after sales services related to products. BrandWallet does not have any control in respect of the offering or acceptance of such commercial/contractual terms between the Partner Brands and You.
  3. The Terms do not, in any way, impose any costs on You for reward products ordered by You through our Apps.
  4. BrandWallet does not make any representation or warranty as to specifications (such as quality, value, saleability, etc.) of the products proposed to be offered for reward and redeemed or ordered through the App. BrandWallet does not in any manner endorse the redemption of any reward products through the App. BrandWallet accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
  5. BrandWallet is not responsible for any non-performance or breach of any contract entered into between You and Partner Brands. BrandWallet cannot and does not guarantee that the concerned Users and/or Partner Brands will perform any transaction concluded through the App. BrandWallet shall not and is not required to mediate or resolve any dispute or disagreement between Users and Partner Brands.
  6. Brand Wallet does 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 user that You choose to deal with through the App and use Your best judgment in that regard.
  7. BrandWallet does not hold any right, title or interest over the reward products nor shall BrandWallet have any obligations or liabilities in respect of any transaction or contract entered between Users and Partner Brands.
  8. BrandWallet shall provide logistics services wherein our delivery partners shall deliver to the Users, the reward products ordered through the Service by the Users.
  9. Subject to Clause 4.8 above, BrandWallet does not, at any point of time during any transaction between the User and the Partner Brand through the App, come into or take possession of any of the products offered by the Partner Brand nor does it, at any point, gain title to or have any right or claim over the products offered by the Partner Brand to the User. It does, however, provide warehousing services for reward products as a part of its Services to the Partner Brands but does not, in any point in time, gain title to or have any right or claim over the reward products offered by the Partner Brands to the prospective Users.
  10. You shall independently agree upon the manner and terms and conditions of delivery, insurance etc. with the Partner Brand(s) that You transact with.
  11. Disclaimer: In the event the bid / reward total on any product is reflected incorrectly on the Apps due to any technical issue, typographical error or the product information published on the App is incorrectly displayed or provided by the Partner Brand, the Partner Brand may cancel your order.
  12. You release and indemnify BrandWallet and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of all Users / Partner Brands of the App and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, BrandWallet cannot take responsibility or control the information provided by the Users / Partner Brands which is made available through the App. You may find any other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe interaction when using the Services. Please note that there could be risks in dealing with underage persons or people acting under false pretence.

5.      Charges

Use of the Service is free for prospective Users. BrandWallet does not charge any fee from Users for earning loyalty coins and redeeming the earned loyalty coins for reward products. There is however a conversion fees of 10% when Users swap loyalty coins of one Partner Brand to another Partner Brand. BrandWallet reserves the right to change this policy at any time. In particular, BrandWallet may, at its sole discretion, introduce new services and modify some or all of the existing services offered through the App. In such an event, BrandWallet 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 this policy shall be updated here and such changes shall automatically become effective immediately thereafter. You shall be solely responsible for compliance of all applicable laws in your geographical area for participating in the loyalty programs of Partner Brands.

6.      Privacy Policy

Providing our Service requires collecting and using your information and any information that you or other Users provide to BrandWallet is subject to our privacy policy, which governs our collection and use of your information. You understand that through your use of the Services, you express and agree that You have read and fully understand the privacy policy of BrandWallet and you consent to the collection and use (as set forth in the privacy policy) of this information, including the transfer of this information to third parties for storage, processing and use by BrandWallet and/or its affiliates. You further consent that the terms and contents of such privacy policy are acceptable to You.

As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages via e-mail and short messaging service (SMS) or any other mode of communication, electronic or otherwise. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

7.      Limited Use

You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained through the Service. Limited reproduction and copying of the Content is permitted provided that BrandWallet’s name is stated as the source and prior written permission of BrandWallet is obtained. For the removal of any doubt, it is clarified that unlimited or complete reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Service is not permitted.

Throughout these Terms, BrandWallet’s prior written consent means a communication issued by BrandWallet’s legal department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorisation.

8.      Use of the Services

You agree, undertake and confirm that your access to and use of the Services shall be strictly governed by the following binding principles:

8.1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  1. belongs to another person and to which You do 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 whatsoever; 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. is misleading in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
  7. promotes illegal activities or conduct that is abusive, threatening, obscene, blasphemous, politically or religiously charged, defamatory or libellous;
  8. infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number or rights of publicity);
  9. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  13. contains video, photographs, or images of another person.
  14. tries to gain unauthorised access or exceeds the scope of authorised access to any of the Services or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Services;
  16. solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal;
  17. interferes with another User’s use and enjoyment of the Services;
  18. refers to any content, website or URL that, at our sole discretion, contains material that is inappropriate for the Service, contains content that would be prohibited or violates the letter or spirit of these Terms;
  19. harms minors in any way;
  20. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or is fraudulent or involves the sale of counterfeit or stolen products or items;
  21. violates any law for the time being in force;
  22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  23. impersonates another person;
  24. 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;
  25. threatens the unity, integrity, defence, security or sovereignty of India, 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;
  26. is false, inaccurate or misleading;
  27. 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.
  28. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

8.2. We impose certain restrictions on your permissible use of the Service. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation,

  1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
  2. attempting to gain unauthorised access to any portion or feature of the Service, or any other systems or networks connected to the Service, by hacking, password ‘mining’ or any other illegitimate means
  3. attempting to probe, scan or test the vulnerability of the Service or any network connected to the Service or to breach the security or authentication measures on the Service or any network connected to the Service. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Service or any other User, including any account on the Service not owned by You, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Service.
  4. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
  5. using the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  6. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
  7. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Service.
  8. attempting to use any device, software or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.

Any violation of system or network security may subject you to civil and/or criminal liability.

8.3. Furthermore, you agree that

  1. You shall not use any program, algorithm or methodology, or any similar or equivalent manual process, to copy or, in any way reproduce or circumvent the navigational structure or presentation of the Content on the Service, to obtain or attempt to obtain any data or information about the Service or the Content through any means other than that which has been purposely made available through the Service. We reserve our right to bar any such activity.
  2. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms Brand Wallet or thebrandwallet.com or brandwallet.in, or otherwise engage in any conduct or action that might tarnish the image or reputation of BrandWallet or any Partner Brand on the platform or otherwise tarnish or dilute any of BrandWallet’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 us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or BrandWallet’s systems or networks, or any systems or networks connected to BrandWallet.
  3. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Service or any service offered on or through the Service. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity or access the Service through another user’s account, unless authorised to do so.
  4. You may not use the Service or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of BrandWallet and/or others.
  5. You shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to GST, custom duty, local levies) regarding your use of the Services and your transactions, as may be applicable. You shall not engage in any transaction on any reward product, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  6. You agree to grant us 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 you have in your information, or in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these Terms and the privacy policy applicable to your use of the Services.
  7. From time to time, you shall be responsible for providing information relating to the products or services proposed to be availed by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasise the attributes of such products or services so as to mislead other users in any manner.
  8. You shall not engage in advertising to, or solicitation of, other users of the Services to buy or sell any products or services, including, but not limited to, products or services related to those being displayed on the Service or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Service. It shall be a violation of these Terms to use any information obtained from the Service in order to harass, abuse, or harm another person or company, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the messages or emails which a user may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Service) 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 subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  9. We reserve the right, but have no obligation, to monitor the materials posted on the Service. BrandWallet shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Service and in your private messages. Please be advised that such Content posted does not necessarily reflect BrandWallet’s views. In no event shall BrandWallet assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Service. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide 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.
  10. It is possible that other users (including unauthorised users or ‘hackers’) may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorised uses, but by using the Service You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Service. Please carefully select the type of information that you publicly disclose or share with others on the Service.
  11. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

9.      No Compensation

If the quality of any products, information, or other material redeemed or obtained by you through the Service did not meet the product specifications displayed on the Service and/or your expectations, no compensation will be given other than the return and exchange of the item as per these Terms. The User cannot request compensation from BrandWallet or our Partner Brands for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product or offering, including any missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel, any voucher which got deactivated due to the end of expiry date; unavailability of items which the User tried to redeem, etc.

Unreasonable and unlawful requests for compensation, over and above the entitled exchange, will be treated as loss to business cases. BrandWallet holds the rights to cancel orders, block accounts and forfeit all loyalty coins of such customers without any prior notice.

10. Contents posted on the App

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk as BrandWallet is merely an intermediary for the purposes of these Terms.

Except as expressly provided in these Terms, no part of the Services and no part of the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to the Service or any other computer, server, application, website or other medium for publication or distribution or for any commercial enterprise, without BrandWallet’s express prior written consent.

You may use information on the reward products purposely made available through the Service for downloading, provided that You:

  1. do not remove any proprietary notice language in all copies of such documents;
  2. use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media;
  3. make no modifications to any such information; and
  4. do not make any additional representations or warranties relating to such documents.

You shall be responsible for any such Content that you may transmit to and via or post through the Service. Such Content will become our property and You grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our privacy policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with our privacy policy and rules relating to Your Use of the Services as mentioned herein, and You are not entitled to any payment or other compensation for such use.

11. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that BrandWallet is not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, or services available on or from such websites or resources.

Links to such websites or resources do not imply any endorsement by BrandWallet of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

12. User Warranty and Representation

You guarantee, warrant, and certify that you are the owner of the content which you submit or otherwise authorise us to use and that the content does not infringe upon the intellectual property rights or other rights of third parties. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Services rendered through the Service.

13. Exactness Not Guaranteed

We do not warrant that any reward product’s description or other Content made available through the Service is accurate, complete, reliable, current, or error-free and assume no liability in this regard. BrandWallet hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the User through the Service.

14. Intellectual Property Rights

We may make certain information and/or software available to you from the Service. If you consume / download such information / software from the Service, the information / software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by us, for your personal, non-commercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Services contains content to which BrandWallet owns all intellectual property rights, 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 (“BrandWallet Content”). You acknowledge and agree that you shall not use, copy, imitate, reproduce or distribute any BrandWallet Content without obtaining written authorisation from us.

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 the 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 Services. Instead, you hereby grant to BrandWallet a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to BrandWallet’s privacy policy.

Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that BrandWallet may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.

15. Disclaimers and Limitations of Liability

Please read this section carefully as it limits the liability of BrandWallet and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “BrandWallet Entities”). Each of the subsections below applies up to the maximum extent permitted under applicable law. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  1. Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis without any representation or warranties, express or implied except otherwise specified in writing. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE BRANDWALLET ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  2. Without prejudice to the foregoing, the BrandWallet Entities make no warranty or representation and disclaim all responsibility and liability for:
    1. the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content;
    2. any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content;
    3. the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and
    4. whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
  3. No advice or information, whether oral or written, obtained from the BrandWallet Entities or through the Services, will create any warranty or representation not expressly made herein.
  4. Limitation of Liability
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BRANDWALLET ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
    • IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE BRANDWALLET ENTITIES EXCEED THE AMOUNT YOU PAID TO BRANDWALLET, IF ANY, IN THE PAST ONE MONTH FOR THE SERVICES GIVING RISE TO THE CLAIM.
    • THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE BRANDWALLET ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
  5. Nothing on the Service constitutes, or is meant to constitute, advice of any kind. All the products available through the Service are governed by different state laws and if the Partner Brand or BrandWallet is unable to deliver such products due to implications of different state laws, the Partner Brand will give credit for the amount of loyalty coins received in advance from You for the redemption of such reward product that could not be delivered to You. There shall be no compensation, whether by way of credit or refund, in respect of Samples where such Samples are offered for free.
  6. You are expected to update your BrandWallet App on regular basis, so that You can avail the latest services and are duly aware of any change(s) in the BrandWallet policy. By registering your phone number with us, You consent to be contacted by Us via phone calls and/or SMS and/or pop-up notifications, in case of any reward or shipment or program related updates. In the event of Your failure to update the App, You understand and agree that BrandWallet shall not be liable in any manner whatsoever.

16. Indemnification

You agree at all times to indemnify, defend and hold harmless BrandWallet, its affiliates, its successors, transferees, assignees, licensees and partners and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all losses, causes of action, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by BrandWallet that arise out of, result from, or may be payable by virtue of, your access to or use of the Service, your violation of these Terms, or your infringement, or infringement by any other user of your account, any breach of a law or any right of any user including but not limited to intellectual property rights of a third party or a user or non-performance of any representation, warranty, covenant or obligation to be performed by you pursuant to these Terms. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. Redemptions

Redemptions, bids and all commercial terms such as delivery, dispatch of products are as per principal to principal bipartite contractual obligations between You and respective Partner Brand and redemption facility is merely used by You and Partner Brand to facilitate the completion of the transaction. Use of the redemption facility shall not render BrandWallet, its associates or partners liable or responsible for the non-delivery, non-receipt, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the reward products listed on and redeemed by You through the Service.

Your relationship with BrandWallet is on a principal to principal basis and by accepting these Terms you agree that BrandWallet is an independent contractor for all purposes, and does not have control of or liability for the products that are listed on Service that are redeemed by using the redemption facility. BrandWallet does not guarantee the identity of any User nor does it ensure that a User or a Partner Brand will complete a transaction.

You understand, accept and agree that the redemption facility provided by BrandWallet is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online auction engine, for redemptions through the Service using the User’s loyalty coin balance. Further, by providing the redemption facility, BrandWallet, its associates and partners are neither acting as trustees nor acting in a fiduciary capacity with respect to the redemption transaction.

18. Loyalty Program

  1. All BrandWallet codes are one time use only. If a code has been scanned/used once, it cannot be used again.
  2. BrandWallet would not be responsible
    1. if any code has been disfigured or if the code is not readable by the user’s device due to any reason whatsoever.
    1. in case the codes have expired for any reason whatsoever.
    1. for any loss or theft of the codes.
  3. No duplicate Codes shall be issued to the customers under any circumstances.
  4. The BrandWallet codes have no monetary value, are non-transferable and may not be used in conjunction with any other promotional offers run by Partner Brands.
  5. The usage of BrandWallet codes is incumbent upon these Terms to be followed by the code holder/user.
  6. BrandWallet reserves the right to restrict the number of codes credited per person, per mobile number, per email id or per product at their sole discretion.
  7. You may agree with the Partner Brands through electronic communication and electronic records and using the automated features as may be provided by the redemption facility on any extension / increase in the dispatch and/or delivery time and the redemption transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation/variation of the transaction should be in compliance with the redemption facility rules and policies.
  8. You shall electronically notify the redemption facility operation using the appropriate Service features immediately upon delivery or non-delivery of any reward product within the time period as provided in the policies. Non-notification by You of delivery or non-delivery within the time period specified in the policies shall be construed as a deemed delivery in respect of that redemption transaction.
  9. You shall be entitled to claim a refund of the loyalty coins (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the redemption transaction or within the time period as provided in the policies, whichever is later. In case you do not raise a refund claim using the Service features within the stipulated time, then this would make You ineligible for a refund.
  10. Refund shall be conditional and shall be with recourse available to BrandWallet in case of any misuse by User.
  11. Refund shall be subject to User complying with applicable policies.
  12. BrandWallet reserves the right to impose limits on the number of redemption transactions by an individual User during any time period, and reserves the right to refuse to process redemption transactions exceeding such limit.
  13. BrandWallet reserves the right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation breach of any agreements by User with BrandWallet or breach/violation of any law or breach of any policy.
  14. BrandWallet may delay notifying the redemption confirmation i.e. informing the Partner Brand, if BrandWallet is not satisfied with the creditability of the User or the genuineness of the redemption transaction or for Users conducting high transaction volumes in order to ensure safety and security of the Service. In addition, BrandWallet may freeze or forfeit the loyalty coin balance of such User and BrandWallet may not inform the Partner Brand to initiate dispatch of the product or may report to law enforcement officials in the event the User is engaged in any form of illegal activity.
  15. The User and Partner Brand acknowledge that BrandWallet will not be liable for any damages, interests or claims, etc. resulting from not processing a redemption transaction or any delay in processing a redemption transaction which is beyond control of BrandWallet.

19. Compliance with Laws

The User and Partner Brand shall comply with all applicable laws (including without limitation, the Foreign Exchange Management Act, 1999 and the rules and notifications made and issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, the Customs Act, the Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, the Prevention of Money Laundering Act, 2002 and the rules made thereunder, the Foreign Contribution Regulation Act, 1976 and the rules made there under, the Income Tax Act, 1961 and the rules made there under, the Export Import policy of government of India) applicable to them respectively for using the Service.

20. Jurisdictional Issues/Use in India Only

Unless otherwise specified, the material offered through the Services is presented solely for the purpose of earning/redemption in India. BrandWallet makes no representation that materials made available through the Services are appropriate or available for use in jurisdictions other than India. Those who choose to access our Services from locations other than in India, do so on their own initiative and BrandWallet is not responsible for the supply of products/refund or replacement for the products redeemed from other locations/countries other than India, or compliance with local laws, if and to the extent local laws are applicable.

21. Trademark, Copyright and Restriction

The Services are controlled and operated by BrandWallet, its partners and associates and reward products are offered for redemption by the respective Partner Brands. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.

All content included on the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BrandWallet or its Partner Brands, unless owned by any third party and protected by applicable copyright laws. All other such content not owned by BrandWallet that appears on the Service is the property of the respective owners. All software used on this Service is the property of BrandWallet and is protected by applicable copyright laws. Any unauthorised copying or reproduction of the above identified material is strictly prohibited by law.

Brand Wallet, the BrandWallet logo, “Proof of Consumption” and other marks indicated on the Service are either registered trademarks of BrandWallet or are in process of getting registered. Other BrandWallet graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dresses of BrandWallet. BrandWallet’s trademarks and trade dresses may not be used in connection with any product or service that is not BrandWallet’s, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits BrandWallet. All other trademarks not owned by BrandWallet that appear on this site are the property of their respective owners.

Material provided on the Service is solely for Your personal, non-commercial use. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, You must not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

22. Trademark & Copyright complaint

BrandWallet respects the intellectual property of others. If you believe in good faith that materials hosted by us infringe your copyright or Trademark, you, or your agent may send to us a notice requesting that the material be removed or access to it be blocked with reasonable timeframe for action. Any notification by a copyright or trademark owner or a person authorized to act on its behalf that fails to comply with this shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our agent for notice of claims of copyright or trademark infringement or counter notices can be reached via listen@thebrandwallet.com

23. Limitations on Linking and Framing

You may not, without our prior written permission, frame or inline link any of the content of the Service, or incorporate into another website or other service any of our material, content or intellectual property.

24. Delivery

BrandWallet and/or our Partner Brands will make a maximum of two attempts to deliver a reward redemption ordered by you. In case You are not reachable or do not accept delivery of the package in these attempts, BrandWallet reserves the right to cancel the redemption order(s) at its discretion. An estimated delivery time is displayed on the reward summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.

Sometimes, delivery may take longer due to:

  1. bad weather,
  2. flight delays,
  3. political disruptions, or
  4. other unforeseen circumstances.

In such cases, we will proactively reach out to you. Please check your emails and SMS regularly for such updates. Also, we will not be able to compensate for any mental agony caused due to delay in delivery. You can cancel the order at any moment of time upto the package leaving from our warehouse. You will be refunded back the relevant loyalty coins in the account as soon as the order is successfully cancelled.

You agree that the title to a reward product is transferred to You at the time of placing the order and dispatch confirmation thereof irrespective of shipping of the package.

25. Governing Law

These Terms shall be construed in accordance with and governed by the laws of India and the State of Maharashtra, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the courts in Pune, Maharashtra in all disputes arising out of or related to the use of the Service.

26. Interpretation of Number and Genders and Capitalised Words

The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole. The capitalised words used anywhere in these Terms shall have the meaning as is readily inferable from the context or as they are commonly used and understood in their normal commercial sense.

27. Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Service by you contained herein or any other section or pages of the Service or any Linked Sites in any manner whatsoever.

28. Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

29. Report Abuse

As per these Terms, users are solely responsible for every material or content uploaded on to the Service. BrandWallet does not review the contents in any way before they appear through the Service. BrandWallet does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Service. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to BrandWallet.

30. Termination

We may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions of Service, shall survive.

31. Prohibited Uses

You agree not to use the Service in any way that

  • is unlawful, illegal or unauthorised;
  • is defamatory of any other person;
  • is obscene or offensive;
  • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringes any copyright, database right or trade mark of any other person;
  • is likely to harass, upset, embarrass, alarm or annoy any other person;
  • is likely to disrupt our service in any way; or
  • advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.