Terms & Conditions

This Website, namely, www.tops.in, is operated and managed by G.D. Foods Manufacturing (India) Private Limited, (referred hereinafter as "We/us"). Your use of this Website constitutes your unconditional agreement to follow and be bound by these Terms of Use. Although you may "bookmark" a particular portion of this Website and thereby bypass these Terms of Use, your use of this Website still binds you to these Terms of Use. We reserve the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we recommend that you review these Terms of Use whenever you use this Website.

A. ACCOUNT & REGISTRATION OBLIGATIONS
1. All shoppers have to register and login for placing orders on the Website.
2. You have to keep your account and registration details current, accurate and correct for communications related to your purchases from the Website.
3. You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), We have the right its sole discretion to reject the registration and debar you from using the Services and / or other affiliated Websites without prior intimation whatsoever.

B. PRICING
All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering are the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate but some of the commodities prices do change. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

C. PRODUCTS
We have made every effort to display the images/ colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. Images shown on the website are for representation purposes only. Final packaging may differ from the packaging depicted on the Website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

D. REPRESENTATIONS & WARRANTIES
All the products listed on the Website will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering are the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate but some of the commodities prices do change. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
1. You represent and warrant that:
a. You are of sufficient legal age and capacity to use this Website in accordance with all terms and conditions herein and to create binding legal obligations in relation to the access and use of this Website and the services therein.
b. You are legally and financially responsible for all uses of this Website under your username and password whether or not actually or expressly authorized by you
c. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information), re-delivery will not be possible.
d. That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.
e. That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.
f. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
g. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
2. You promise that:
a. You will not impersonate or attempt to impersonate us, our employee, another user or any other person or entity.
b. You will not do anything that could disable, overburden, damage, or impair the operation of the Website or interfere with any person’s use of the Website.
c. You will not use any robot, spider or other automatic program, device, process or means to access the Website for any unlawful purpose or in violation of this Policy.
d. You will not introduce any malware, including but not limited to viruses, trojan horses, worms, logic bombs, rootkits or other material which is malicious or technologically harmful.
e. You will not access or attempt to access data or files on the Website that you are not expressly authorized to access, and
f. You will not co-brand or frame the Website or hyper-link to it without the express prior written permission of an authorized representative of us.

E. PROHIBITED USES
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Website.
5. Breaching any applicable laws.
6. Interfering or disrupting networks or websites connected to the Website.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

F. MODIFICATION OF TERMS & CONDITIONS OF SERVICE
We at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Website. You should regularly review the Terms & Conditions on the Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website.

G. RELIANCE ON INFORMATION
The information presented on or through the Website is made available solely for general information purposes. The information presented on or through the Website is subjective and is opinion, and we make no representations or warranties whatsoever regarding the quality of the information. We do not make any statements regarding the accuracy, completeness or usefulness of this information. The advice and strategies contained herein may not be suitable for every situation. There may be errors and omissions on the Website or in its content. We are not engaged in rendering professional services. If professional advice or other expert assistance is sought, the services of a competent professional should be sought. Any reliance you place on such information is strictly at your own risk, and under no circumstances shall we be liable for any loss suffered as a result of such reliance. The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.

H. PRIVACY
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

I. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that you do not reserve any intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website, which is operated and managed by us. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of us or any third party's intellectual property rights. Any use of this Website or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. The Contents and software on this Website may be used only as a shopping resource. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the managed by us and protected by Indian and international copyright laws. No trademark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.

J. THIRD PARTY LINKS
References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.

K. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain property of us. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
We do not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and its affiliates for all claims resulting from any Comments you submit. We and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

L. OBJECTIONABLE MATERIAL
You understand that by using this Website or any services provided on the Website, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law. We and our affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

M. DISCLAIMER
The information on this site has been included in good faith for general informational purposes only. It should not be relied on for any specific purpose and no representation or warranty is given as regards its accuracy or completeness. We make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on this Website. To the full extent permissible by applicable law, We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. You acknowledge, by your use of our website, that your use of the site is at your sole risk. This disclaimer constitutes an essential part of these Terms of Use.

N. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall we, our managers, members, licensors, employees, agents, Officers or directors be liable to you or any third-party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without Limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Website or of any website referenced or linked to from our Website. You will be responsible for all claims and damages resulting from the misuse of the Website by you.

O. INDEMNITY
You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this Terms of Use or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Terms of Use.

P. ACKNOWLEDGMENT
The disclaimer and limited liability of us as set out in this Terms of Use are fundamental elements of the basis of the bargain between you and us, and you agree that we would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this Terms of Use.

Q. TERMINATION
This Terms of Use is effective unless and until terminated by either you or us. You may terminate this Terms of Use at any time, provided that you discontinue any further use of this Website. We may terminate this Terms of Use at any time and may do so immediately without notice, and accordingly deny your access to the Website. Such termination will be without any liability to us. Upon any termination of the Terms of Use by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Our right to any Comments shall survive any termination of this Terms of Use. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms of Use.

R. FORCE MAJEURE
We shall not be liable for damages of any kind arising out of any failure or delay by us in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control and includes, without limitation fire, flood, earthquake, natural calamities, pandemic or epidemic or hurricanes, acts of war, strikes, lock-outs, riots, civil disorders, embargoes or any other act or omission of God or government.

S. GRIEVANCE REDRESSAL MECHANISM
1. In case of any grievance kindly contact the CRM- Executive at the following:
Phone Number : 011-45233333
E-mail : tops.care@tops.in
Office Address : G.D. Foods Manufacturing (India) Pvt. Ltd , C-1/119, Janak Puri, New Delhi 110058
2. The grievance / Concern will be acknowledged within 48 hours of receipt of the same.
3. The grievance / concern will be redressed within one month from the date of receipt of the Complaint.

T. GOVERNING LAW AND JURISDICTION
This Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at New Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by G.D. Foods Manufacturing (India) Private Limited and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in New Delhi. The High Court of judicature at New Delhi alone shall have the jurisdiction and the Laws of India shall apply.

U. SEVERABILITY
If any provision of this Terms of Use shall be found by any government, administrative or judicial authority to be invalid or unenforceable, the remaining sections and provisions of the Terms of Use shall not be affected by such invalidity or unenforceability and shall remain in full force and effect. The parties agree to substitute for any invalid or unenforceable provision, a valid and enforceable provision which achieves the objective of the invalid or unenforceable provision.

V. RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Terms of Use or your use of this Website.

W. ENTIRE AGREEMENT
This Terms of Use constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter.

BESIDES THE TERMS AND CONDITIONS SPECIFIED ABOVE FOLLOWING ARE THE ADDITIONAL TERMS AND CONDITIONS FOR THE ONGOING ADVERTISEMENT
TERMS AND CONDITIONS (ADDITIONAL- FOR PICKLES)
i. 51 flavours of Pickles are not specifically shown in the Media Advertisements because of space constraints. All the 51 flavours may not be available in some of the areas / distributors of the Company. Some of the flavours of the Pickles are also available in Extra Virgin Olive Oil.
ii. Free Delivery is available only on minimum order of Rs.599 and for a limited period only.
iii. "Exciting deals" means the deals specially offered by the Company only for a limited period and these deals may be amended/withdrawn by the Company any time without any further notice.
iv. The Company shall have the sole discretion to decide on all matters connected with the advertisement and the same shall be binding on Consumers and cannot be challenged in any manner by anyone.
TERMS AND CONDITIONS (ADDITIONAL - FOR SAUCES)
i. The range of sauces starts from Rs. 45 for snack sauce of 200 G.
ii. Free Delivery is available only on minimum order of Rs.599 and for a limited period only.
iii. "Exciting deals" means the deals specially offered by the Company only for a specific period and these deals may be amended/withdrawn by the Company anytime without any further notice.
iv. The Company shall have the sole discretion to decide on all matters connected with the advertisement and the same shall be binding on Consumers and cannot be challenged in any manner by anyone.

 

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Terms & Conditions of TOPS “MALAMAAL OFFER”

 

1.  General Information: 

a)   TOPS “Malamaal Offer” (Hereinafter referred to as Offer)  is run by G. D. Foods Manufacturing (I) Private Limited, a company incorporated under the Companies Act, 1956, having its registered office at C-1/119, Janak Puri, New Delhi 110058 (Hereinafter referred to as the Company) in association with Parv Communications Private Ltd. (Hereinafter referred to as Mobikonnect)                                       

b)   This offer entitles the retailer to receive a scratch card on the purchase of 1 full carton box of 56gm TOPS Instant Masala Noodles that has a consumer offer of Pay-Tm Cashback up to Rs.10 mentioned on the pack. Such scratch cards bear a code which when successfully validated gives the retailer a minimum cashback amount of Rs 40 per unit and it may go up to Rs.100.

c)   The Offer is being made purely on a "best effort" basis and is valid during the Offer Period only. Stocks are available without this Offer also. In case of any issues regarding the Offer, kindly contact Mobikonnect Customer Care Number at 0120-4834630 between 10.30 A.M. to 5.30 P.M, Monday to Saturday, barring public holidays.

d)   All incidental costs, taxes, or levies related to the Offers and Cashbacks, if any, shall be exclusively borne by the Participants(s), including but not limited to TDS, gift tax (if any), insurance, and any other taxes applicable by the Central, State or Municipal government.

e)   This Offer is subject to guidelines/ directions issued by any competent authority from time to time.

f)     This Offer shall not be clubbed/used in conjunction/alongside any prevailing offer/ promotion(s). Further, the Offer is non-transferable, non-encashable, and non-refundable.

 

2.  Pre-Requisite: 

a)   By participating in this Offer, you (hereinafter referred to as “Participant(s)”) voluntarily agree to be legally bound by and abide by the Terms & Conditions stated herein (T&C). Entry and participation in this Offer will be deemed as an “unconditional” and “unequivocal” acceptance to these T&C’s, including any modifications, revisions, and amendments thereto. If the Participant(s) does not agree to the stipulated T&Cs, then they should refrain from being a part of it. Mobikonnect and/or the Company reserve the right to amend, modify, change, add, or terminate these T&Cs or discontinue/amend this Offer without any notice.

b)   The Offer comprises of such terms and conditions as specified here and on the back of the Offer Scratch Card.

c)   Mobikonnect and the Company shall have the sole discretion to decide on all matters connected with the Offer(s) and the same shall be binding on Participant(s); and shall not be challenged in any manner by any Participant(s).

d)   By availing of the Offer, Participant(s) have given the right to Mobikonnect and/or Company to use Participant’s name, photograph, and other personal details for the purpose of this campaign including announcing their name as an eligible participant on social media, Mobikonnect Platform, or in any other public domain.

 

3.  Implied Consent:

 Subject to any applicable law (a) all warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED including, but not limited to, meeting the Participant's requirements or aspirations, timeliness, security, the results or reliability of the offer, delay in sending or receiving SMS or any other communication for participating in the Offer, delay in time taken for the process, or the delivery, quality, quantity, merchantability, fitness for use or a particular purpose or non-infringement in respect of any goods, services, benefits or awards acquired or obtained through the Offer or any transactions effected through the Offer; (b) the Participant expressly agrees that his/her participation in the offer is at his/her sole risk and discretion, and is governed by the terms and conditions herein; and (c) no advice or information whether by representations, oral, written or pictorial derived from the Mobikonnect Platforms including but not limited to websites/ SMS, shall be construed to mean giving of any warranty of any kind whatsoever. Mobikonnect and/or the Company do not make any commitment or warranty, express or implied to respond to any feedback, suggestion, and/or queries of the Participant(s).

  

4.  Validity:

a)   This offer is valid from 1st June 2023 at 00:00:01 hours till 30th November 2023 at 23:59:59 hours (*hereinafter referred to as “*Offer Period”) or till stocks last, whichever is earlier. However, the scratch cards would be eligible to be redeemed till 28th February 2024. The offer is open to all users/Participant(s), except as may be excluded herein. This offer is valid only on the purchase of an entire carton box of 56gm TOPS Instant Masala Noodles that has a consumer offer of Paytm cashback up to Rs.10 mentioned on the pack. The duration and time of “offer validity” can be changed by the company at its sole discretion.

b)   The Offer shall be made available on a PAN India basis and shall not be available to persons residing in any state/union territory of India wherever such activity is prohibited by Law/ orders of the court.

c)   The Cashbacks may not be made instantaneously but may be within 48 hours of receipt of communication to the participant. Cash shall not be awarded in lieu of the Cashbacks.

d)   Mobikonnect and/or the Company reserve the right to “extend, cancel, discontinue, prematurely withdraw, change, alter or modify” this offer, or any part thereof, including the eligibility criteria, the T&C’s, at their sole discretion at any time during its validity as may be required, in view of business exigencies and/or changes by a regulatory authority and/or statutory changes and/or any reasons beyond their control and the same shall be binding on the Participant(s).

e)   Only purchases made from authorised distributors serving in their respective areas will be eligible for this offer.

 

5.  Redemption Process:

a)   A retailer can only redeem a maximum of 5 scratch Scratch Cards per mobile number in a day.

b)    To redeem, the participant has to SMS the unique code to 8550885508. For instance, if the code mentioned on the scratch card is ABC1234, the participant shall need to send ABC1234 to 8550885508.

Once the retailer (participant) sends the unique code, he/she’ll get a “Thank You” message followed by some options to get his cashback amount in the wallet, like Paytm, Mobikwik, or select NEFT or UPI. The amount shall finally be credited to the option chosen within 48 hours, with a communication to the participant for the transacted amount.

6.  Eligibility: 

a)   Participation in the Offer is open only for retailers of 18 years of age or above as on 1st June 2023.

b)   The participants shall not be entitled to participate in this offer wherever the offer is declared “invalid” or “illegal” by the court of competent jurisdiction.

c) Direct billing Parties (i.e Super Stockists, Direct Distributors, Transporters etc) are not eligible to participate (directly or indirectly) in this Offer. In case any Direct billing party is found participating (directly or indirectly) in the offer, then such direct billing party will be liable to pay a penalty equal to 10 times the amount of cashback received by such direct billing party.

d) Employees of Mobikonnect and the Company (including their family members) and of their group companies, affiliates, or associate companies, shall not be eligible to participate in the said offer. In the event of any such misconduct or fraudulent activity amounting to misappropriation of funds/ scratch cards by any employee of Mobikonnect and/or the Company or their respective family members, Mobikonnect and/or the Company reserves the right to forfeit and/ or cancel the Offer.

 

7.  Unconditional Approval/Acceptance:


a)   Participation in the offer is completely voluntary and is a decision only based on a person’s own conscience and by applying one’s own mind and logic.

b)   By participating in the Offer, Participant(s) indicate their acknowledgement and acceptance of these T&Cs.

c)   By entering the Offers, Participant(s) confirm and waive the applicability of rules and regulations of the “National Do Not Call Registry” and agree to receive promotional messages and alerts, if any.

d)   By participating in this Offer,

1. The Participants hereby irrevocably authorize Mobikonnect and/or Company and their respective owners, affiliates, subsidiaries, and associates and grants a royalty-free and perpetual right to use as per Mobikonnect’ s and/or the Company’s discretion any and all data gathered during and/or after the Offers in respect of the Participant (including but not limited to name and photograph and other personal details) for the purpose of this Offer and or in any of its communications including marketing promotions.

 2. Participants hereby consent to the information sharing by Mobikonnect with its affiliates and service providers / Organizer to fulfil the Offers.

3. Participants of this offer hereby agree that the company shall not accept any returns of any stock of “Tops Instant Masala” noodles packs of 56gm, bought under this offer (packs containing PayTm consumer offer) during the offer duration.

 

8.  Compliance:

 

The Cashbacks to the Participants shall be given subject to compliance with all applicable statutory legislations and laws, processes, and formalities in connection with the Cashbacks and on the production of all such documents/papers as may be required by Mobikonnect. Any failure on the part of the Participant(s) to comply with directions issued by Mobikonnect for Cashbacks shall entitle Mobikonnect and/or the Company to forfeit the Cashbacks.

9.  Indemnification:

 

The Participant(s) shall indemnify and keep indemnified Mobikonnect and/or Company and their respective officers, directors, employees, customers, affiliates and agents “harmless” from and against any and all claims, losses, suits, proceedings, actions, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Mobikonnect / the Company may incur, pay or become responsible for, as a result of the breach or alleged breach of the representations or obligations of the Participant(s) under the Offer & its T&C hereunder and any failure by the Participant(s) to comply with applicable law and any third party claim in respect of misuse of any information of a third party. Mobikonnect/Company shall have the right to defend themselves, pursuant to this Clause, at the cost of the Participant(s). Mobikonnect and/or the Company or their respective affiliates or associates or agents shall not be responsible or liable to Participants or any third party, for any direct and or indirect losses, damages or claims of whatsoever nature including (a) incidental, special, punitive or consequential damages, loss of profits, technical errors or failures, mobile connectivity, delay in sending or receiving the SMS or any other communication to the Participants, or any action that has been initiated, actioned or completed through Participants mobile phones, failure of servers or the failure to provide the updates or any failures arising out of technical snags or inability of the Participant to listen or observe the Offers or T&C, or (b) any personal loss or injury that may be suffered (including loss of life) by a Participant(s) and/or any third party, directly or indirectly, by use or non-use of the Offers or Cashback or Mobikonnect Platform or Product purchased.

 

10.        Force Majeure:

 The Offers are subject to force majeure circumstances including without limitation, floods, natural disasters, war, acts of terror, political unrest, technical snags, act of God, change of laws or technical errors or failure, or any circumstance beyond the control of Mobikonnect or the Company (“Force Majeure Event”). Mobikonnect or the Company shall not be liable for any delay or adverse effect or failure or breach or damages or act or omission caused to this Offer or Participant(s) as a result of a Force Majeure Event. Where practicable, Mobikonnect and/or the Company may intimate the suspension of the Offer caused as a result of such Force Majeure Event to the Participant(s) within a reasonable time.

 

11.      Failure:

 

Failure by Mobikonnect and/or the Company to enforce any of its rights at any stage does not constitute a waiver of those rights. Mobikonnect and/or the Company may assign any of its rights hereunder to any party without prior intimation to Participant(s). Participant(s) shall not assign any of its rights or obligations hereunder to any other party.

 

12.      Limitation of Liability:

Apart from the Cashbacks, the Participants or their legal heirs/ successors/representatives shall have no other rights or claims against Mobikonnect and/or the Company, its owners, and affiliates. Mobikonnect’s & the Company’s liability in contract, tort or otherwise (including negligence) howsoever arising “out of” or “in connection” with the UPI Cashbacks shall not in any manner exceed, in total, regardless of the number of claims, in respect of all matters, a maximum of the value of cashback.

 

13.      Dis-qualification:

 

Mobikonnect and/or the Company reserve the right to forfeit the Cashbacks or to disqualify or to declare any Participant “ineligible”, in the event of failure or breach or non-adherence to the T&Cs by the Participant.

Any Participant(s) providing any incorrect information or concealing/withholding any information from Mobikonnect with the intent to “participate and/or be chosen for Cashbacks under the offer” will automatically be disqualified from” participating in the Offer”. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, domicile, contact number, etc. by the Participant(s) or dispute with Mobikonnect Platform shall entitle Mobikonnect to disqualify the Participant from participating in the Offer without any further intimation or notice.

 

14. Jurisdiction:

 Any dispute arising out of the Offers and or the T&C shall be attempted to be resolved amicably through negotiations with Mobikonnect and/or the Company. The Offers and the T&C are subject to Indian laws and the exclusive jurisdiction of the Courts in Delhi.