Terms & Conditions:
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Terms and conditions
- By accepting payments vide this Campaign Merchant have given Paytm the right to use their name, photograph and other personal details for the purpose of this Campaign including advertising on social media, Paytm platform, or in public domain.
- Merchant acknowledge and agree that all copyright and trademarks and all other intellectual property rights in the SMS content, WAP/APP, Website and all material or content related to the Campaign shall remain, at all times, owned by Paytm and/or their respective owners. All material and content contained is made available for Merchant’s personal and non commercial use only. Any other use of the material/ content on the platform and/ or any information disseminated by SMS or any other means of communication is strictly prohibited.
- Subject to any applicable law (a) All warranties of any kind whatsoever, whether express or implied, are hereby expressly DISCLAIMED(b) The Merchant expressly agree that his/her participation in the Campaign is at his/her sole risk and is governed by the T&C herein; and (c) No advice or information whether by representations, oral, written or pictorial derived from the platforms including but not limited to websites/ SMS, shall be construed to mean the giving of any warranty of any kind.
- The Paytm Cash (hereinafter “Cashback”) to be provided to the Merchant in his Paytm Wallet, under this Campaign are neither assignable nor transferable under any circumstance, unless specifically provided hereunder. All the cashback shall be subject to such other T&C as may be applicable to specific nature n and shall have to be duly complied with by the Merchant(s).
- The Cashback (s) to the winner(s) shall be given subject to compliance with all applicable statutory legislations, processes and formalities in connection with the Campaign and on production of all such documents/papers as may be required by Paytm. Any failure on the part of the Merchant to comply with directions issued by Paytm for claim of cashback shall entitle Paytm to forfeit the cashback or at their sole discretion.
- Any Merchant providing any incorrect information or concealing/withholding any information from Paytm with intent to participate in the Campaign will automatically be disqualified from participating in it. Such act of providing incorrect information or concealing/withholding any information, including without limitation incorrect declaration of information relating to name, age, identity, address, mobile connection of Operator number, domicile etc, by the Merchant or dispute with the platform, shall entitle Paytm to disqualify him/her without any further intimation.
- The Merchant shall indemnify and keep indemnified Paytm and their officers, directors, employees, customers, subsidiaries, affiliates and agents harmless from and against any and all claims, losses, suits, proceedings, action, liabilities, damages, expenses and costs (including attorney’s fees and court costs) which Paytm may incur, pay or become responsible as facilitator as a result of breach or alleged breach of the representations or obligations under the T&C hereunder, any failure by the Merchant to comply with applicable law and any third party claim in respect of misuse of any information of a third party. Paytm shall have the right to defend themselves, pursuant to this Clause, at the cost of the Merchant. Paytm or their respective affiliates shall not be responsible for any direct, indirect, incidental, special, punitive or consequential damages, including loss of profits, incurred by the winner(s) or any third party, in connection with the Campaign. It is expressly provided that transaction shall between Merchant & Paytm only.
- The Merchant hereby irrevocably authorize Paytm and its owners, affiliates, subsidiaries, associates to use the data gathered during and/or after the Campaign in respect of the Merchant (including but not limited to name and photograph) in any of its communications including marketing promotions and advertisements. By participating in the Campaign, participant/s confirms to waive the applicability of rules and regulations of the National Do Not Call Registry and agrees to receive updates and promotional messages / SMS / Email / Call for current and future Campaigns from Paytm.
- This Campaign is subject to force majeure circumstances including without limitation, floods, natural disasters, war, act of terror, political unrests, technical snags, act of God, change of laws or any circumstance beyond the reasonable control of Paytm (“Force Majeure Event”). Paytm shall not be liable for any delay or adverse effect caused to this Campaign there under as a result of a Force Majeure Event. Paytm shall intimate the suspension of Campaign caused as a result of such Force Majeure Event to the participants within reasonable time.
- Paytm reserves all the rights to offer any amount/voucher/any other cashback as per its sole discretion.
- This Campaign is subject to guidelines/directions issued by any applicable competent authority from time to time.
- Paytm shall not be responsible for any claims arising out of technical failures before, during the Campaign or after the completion including but not limited to any technical failures in the mobile connectivity, delay in sending or receiving the SMS for participating in the Campaign, any action that has been initiated, actioned or completed through his/her mobile phones, failure of servers or any failures arising out of technical snags or resultant inability of the Merchant.
- Paytm reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this Campaign or any part thereof including the eligibility criteria, the T&C and cashback at their sole discretion at any time during its validity as may be required including 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 Merchant.
- Failure by Paytm to enforce any of their rights at any stage does not constitute a waiver of those rights. Further, Paytm may assign any of its rights within the Campaign to any party without prior intimation to Merchant.
- Paytm does not make any commitment, express or implied to respond to any feedback, suggestion and/or queries of the Merchant.
- The Merchant understand and agree that Paytm, its owners and affiliates, shall not be liable for any loss or damage whatsoever that may be suffered, or for any personal loss or injury that may be suffered (including loss of life), to Merchant and/or any third party, directly or indirectly, by use or non-use of the cashback.
- Apart from the entitlement to the cashback, the Merchant or their legal heirs/ successors/ representative will have no other rights or claims against Paytm, its owners and affiliates.Maximum aggregate liability of Paytm shall not exceed value of the concerned cashback in case of any dispute, in pursuance to the terms and conditions herein.
- PAYTM reserves the right to cancel the cashback of Merchant incase of any violation by the Merchant.
- Any dispute arising out of this offer and terms & conditions of this Campaign shall first be attempted to be resolved amicably through negotiations. In the event, amicable settlement fails, the dispute shall be referred to Mediation. The venue of Mediation shall be at Delhi.
- These Terms and Conditions are subject to Indian law and the exclusive jurisdiction of the Courts in Delhi.