These Terms of Service (“Terms”) will govern your use of software application, DEALOCX and Program owned by Dealocx Media Private Limited_. (“Company” or “We”); associated websites; web service API or other online services (all collectively “Services”), irrespective of release version. By accessing or using any of the Services, you (“User” or “You”) agree to be bound by these Terms.
In these terms and conditions, unless the context specifies otherwise:
"Earning Activity" means any activity, which results in accruing of DEALOCX Chips to a member.
“DEALOCX Mobile App” shall mean Smartphone App for the Program, which is installed and used on User’s Smartphone devices “DEALOCX Network“ means all the DEALOCX Partners and Suppliers.
“DEALOCX Partner“ means any or all of the present or future entities, partners, shops, departmental stores, airlines, hotels, restaurants, car rental companies and other participating establishments in the program whether with online or offline presence, in agreement with Company, where members can accumulate or redeem DEALOCX Chips for purchase of goods and services.
“DEALOCX Chip(s)“ is the unit currency of the Program run by the Company for its Users. Users are awarded DEALOCX Chips for Earning Activities carried out by the User within the DEALOCX Network.
“Program” means the DEALOCX multi partner loyalty program, managed and operated by Company offering benefits, facilities or arrangements to Users by reason of their membership into DEALOCX program, whereby DEALOCX Chips are accumulated on every Earning Activity made by Users within DEALOCX Network and such DEALOCX Chips may be used by the User for redemption of DEALOCX Chips through Redemption by DEALOCX Partners.
"Redemption" means any activity, which results in exchange of DEALOCX Chips by a User for monetary discount or other rewards at DEALOCX Network.
"Schemes & Offers" shall mean any rewards, offers, coupons, deals, discounts, gifts or special sales communicated to Users through Program “Supplier“ means an independent third party responsible for the provision of Redemption against the DEALOCx Chips to the Users.
EARNING DEALOCX CHIPS
Users can accrue DEALOCX Chips earned by them through a transaction with a DEALOCX Partner for the purchase of goods or services paid by cash, credit/debit card, cheque, online payment, standing instruction or any other means of payment agreed upon by the DEALOCX Partner.
Users will also be awarded DEALOCX Chips for non-transactional activities which include goodwill points as well as bonus points. Bonus points would be communicated from time to time through dealocx mobile app or through any other means of communication as decided by Company from time to time.
DEALOCX Chips awarded may vary between different DEALOCX Partners. Details of all DEALOCX Chips will be communicated to the Users through dealocx mobile app or through any other means of communication as decided from time to time.
To accrue DEALOCX Chips, a User must present his/her DEALOCX PIN at the time of completing the Earning Activity. If a User fails to present the DEALOCX Username when visiting or on availing such services, this may result in the applicable DEALOCX Chips not being accrued by the User and in such instance the DEALOCX Partner shall not be responsible in this regard.
The method of earning DEALOCX Chips from DEALOCX Partners is subject to change from time to time. Such changes will be communicated through Dealocx mobile app and through any other means of communication as decided by COMPANY from time to time.
DEALOCX Partners may change any of the terms and conditions of their business at any time without notice to the User. Company is not responsible for informing Users of any such changes. Company has no liability for the acts and omissions of the DEALOCX Partners.
All Users are required to obtain and preserve for a period of 45 Working Days appropriate documentation for all transactions done with DEALOCX Partners that earn DEALOCX Chips. It is the User's responsibility to ensure that the Electronic Data Collection generated transaction slip is accurate. Company has no liability for the acts and omissions of the DEALOCX Partners
DEALOCX Chips can be redeemed within the DEALOCX Network, subject to the User providing the required credentials and details as may be required by Company or the Suppliers
All the items featured in the Catalog are subject to availability and suppliers warranties and restrictions at the time of claiming the Redemption. In case an item selected by a User is not available, Users may choose to select from the other available items from the Catalog provide by Program.
DEALOCX Chips shall have no monetary refund value and does not entitle the consumer for any claim of any kind towards the company, in case company refuses to redeem them.
Any orders placed via DEALOCX Contact Centre, www.dealocx.com and at DEALOCX Partner online stores cannot be cancelled.
For the purpose of Redemption, the User will directly enter into a sale/ purchase relationship with the concerned Supplier. Company shall only act as an agent for redemption of DEALOCX Chips and not otherwise whatsoever
TRANSFER OF DEALOCX CHIPS
At no time can DEALOCX Chips be credited to any person other than the User. Any such DEALOCX Chips or requests for Redemption are void. Any person who commits such acts is liable for damages, litigation and related costs to DEALOCX, which reserves the right, to terminate the account of the transferor User or remove such person from the DEALOCX Network.
Any notice, information, intimation, change, modification, alteration of the Program shall be deemed to have been given to the User forthwith upon updating HYPERLINK http://www.dealocx.com of such changes, modification, alteration or notice.
INTELLECTUAL PROPERTY RIGHTS
User acknowledges and agrees that the services under these Terms and Conditions may contain content that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Company, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Program or any content, in whole or in part. In connection with your use of the Program you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the site www.dealocx.in or the content other than as specifically authorized herein is strictly prohibited. The technology and software underlying or related to the Service is the property of Company, our affiliates and our partners (the “Software”). Users agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Company.
All warranties and guarantees on the Redemption are the sole responsibility of the Suppliers providing the Redemption. COMPANY shall not be liable or responsible for any defect or deficiency in the services by the Suppliers whatsoever.
Users must contact the respective supplier/ manufacturer in case of any defect or deficiency in the products/services obtained through Redemtion. Company will not be liable or responsible for the products and services offered Company gives no warranty with respect to quality of goods acquired or their suitability for any purpose.
Company has no special relationship with or fiduciary duty to You. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content You access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions You may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services.
Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services. Services accessed or purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. THE CONTENT, APPLICATIONS AND SERVICES OBTAINED THROUGH THE PROGRAM, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, YOU EXPRESSLY AGREE THAT COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA AND GOODWILL, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, COMPANY SHALL HAVE NO LIABILITY FOR ANY INFORMATION STORED OR PROCESSED WITHIN THE SERVICES, INCLUDING THE COSTS OF RECOVERING SUCH INFORMATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES, IS TO UNINSTALL THE COMPANY APPS AND CEASE USE OF THE SERVICES.
COMPANY SHALL NOT BE LIABLE FOR THE VALIDITY AND CORRECTNESS OF THE CONTENT PROVIDED THROUGH AND IN CONNECTION WITH USE OF THE SERVICES. ANY USE OF THE INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE DONE AT YOUR OWN DISCRETION AND RISK.
You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any and all claim or demand made by any third party due to or arising out of Your access to the Services, use of the Services, your violation of these Terms, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
As Company provides Services, additional Terms of Services may apply to Users in certain jurisdictions and will in such cases be made available in appendices hereto. Company reserves the right to modify the Services and these Terms at any time by providing such revised Terms to You or by publishing the revised Terms within the Services. In case of material changes, the User shall always be notified thereof via publication on the Company website. The revised Terms shall become effective upon such publishing or notification to the User. At any point of time, You will always find the latest version of these Terms at www.dealocx.com.
These terms shall be governed by the laws of India only. All disputes arising under the terms and conditions shall be attempted to be resolved through negotiations. Only in case, such negotiations are unsuccessful, the User shall resort to legal recourse, which shall be subject to the exclusive jurisdiction of the competent courts in Bangalore only. All claims and disputes arising under the terms and conditions should be notified to Company within 45 working days from the event date after which no User shall have any claim against Company.
ASSIGNMENT AND TERMINATION
Company shall have the right to transfer, assign and sell in any manner, in whole or in part, the Program to any third party of its choice without reference or intimation to the Users. Membership in the Program, earning DEALOCX Chips, availability of Redemption are subject to the terms and conditions herein and are subject to any applicable laws and regulations.
COMPANY reserves the right to terminate the Program, by giving 30 working days notice to all Users. Upon termination or withdrawal of the Program, all Users will be given 30 working days time within which they may use the DEALOCX Chips in their account, after which the DEALOCX Chips will be purged or cancelled.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you except with Company’s prior written consent. Company may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. You and Company agree there are no third party beneficiaries intended under this Agreement.
If you have any questions, complaints, or claims with respect to the Services, you may contact Company at email@example.com