Terms and Conditions
BY CONTACTING M.PAANI, YOU AGREE TO THE FOLLOWING TERMS:
In these Terms and Conditions, unless the context specifies otherwise:
- “Administrative Communication” includes communication pertaining to m.Paani system updates, Points redemption confirmation, administrative announcements, account information, welcome message and any other communication pertinent to the Program and the Membership Accounts.
- “Earn Activity(ies)” means any transaction or action that results in the accrual of m.Paani Points for an m.Paani Member.
- “Member(s)” means an m.Paani customer, who opts to enroll in, and participate in, the Program.
- “Membership” or “Membership Account” means the m.Paani account where the m.Paani Member's Points will be accumulated.
- “Membership Term” means the membership shall be valid for a period of six (6) months from the date of enrollment of a Member.
- “Missed call service” is a facility available to the applicant once he registers himself as a member with the service provider.
- “m.Paani helpline” shall be the communication channel provided by m.Paani to its Members.
- “m.Paani Solutions Private Limited” hereinafter referred to as “m.Paani” is a private company limited incorporated under the Indian Companies Act, 1956.
- “Opt-in” means that the Member has agreed to these Terms and Conditions, as amended from time to time, and agrees to be contacted by m.Paani and have certain information collected during an enrolment call. The Member confirms this acceptance by giving a missed call to m.Paani and/or not submitting an opt out request via enrollment call or SMS which constitutes an intention to agree to be bound by these Terms and Conditions and are therefore also acceptable.
- “Authorized Dealer(s)” are any present or future individuals and / or entities with which Members can accumulate Points for specified actions or transactions.
- “Phones(s)” shall mean phone(s) owned/ in control of the customer which supports voice and data exchange offered by a Telecom Service Provider and having distinctive phone number.
- “Point(s)” are the currency of the Program. Members earn Points from Authorized Dealers associated with the program and exchange these Points for Rewards.
- “Program” refers to the m.Paani Rewards program, defined, managed and operated by m.Paani, through which m.Paani Members accumulate Points for specified Earn Activities and then redeem the Points for specified Rewards.
- “Promotional Communication” includes communication relating to the Program about any promotional offers, deals as may be offered by m.Paani from time to time.
- “Redemption” means any activity, which results in exchange of Points by a Member for valid m.Paani Rewards included in the current Rewards Catalog.
- “Reward(s)” refers to any goods or activity for which m.Paani Points are exchangeable.
- “Rewards Catalog” refers to a list of all current and valid m.Paani Rewards. This Rewards Catalog will be produced by m.Paani and made available to Members.
- “SMS” means short messaging service to send alerts in the form of response to the customer over his mobile phone from time to time.
- “Supplier“ shall mean a third party responsible for services or the manufacturing of goods offered, as entire or components of Rewards to Members.
- “Termination Notice Period” means the Program can be terminated by giving thirty (30) Working Days’ prior written notice to all Members.
- “Telephone Service Provider(s)” shall mean any person/organization permitted by the Government of India or any competent authority to provide telephone services in India that support voice and data traffic.
- “Working Days” means the days in the period from Monday to Friday excluding public holidays.
- All references to singular include plural and vice versa.
- Words importing any gender include the other gender.
- All headings and bold typing if any has been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of these terms.
4. Membership Terms:
- Individuals who have reached the age of maturity i.e., 18 years of age or older, qualify to be members of these Terms and Conditions.
- Membership to the Program will be offered at the discretion of m.Paani. The grant of participation is at the sole discretion of m.Paani. Furthermore, m.Paani reserves the right to reject any application and refuse Membership to any applicant for any reason without any liability whatsoever.
- The information provided by the applicant shall become m.Paani’s property even if the application is rejected.
- If an applicant does not qualify, he shall not be permitted to register and no contract will be formed between the applicant and m.Paani.
- By agreeing to these Terms and Conditions during Opt-in process, the Member confirms his willingness to join the Program and his/her eligibility to be a Member in terms of these Terms and Conditions and applicable Indian laws. The Member further agrees to comply with the provisions of these Terms and Conditions and all additions, modifications and amendments hereto. Members on the DND list have agreed to receive administrative m.Paani communications with their explicit missed call during opt in, as well as having been notified on opt out procedures immediately upon enrolment.
- The Member understands and agrees that by providing his/her contact information such as, but not limited to, phone number, physical address and email address, m.Paani reserves the right to communicate its Program and promotional offers through these channels and any other information offered as a part of enrolment process. The Members understand and agree to receive Program-related updates and other Administrative and Promotional Communication through these communication mediums. Membership in m.Paani is non-transferable under any circumstances.
- The Member also agrees to provide any further information requested by m.Paani as and when communicated by m.Paani, and to comply with all directions, guidelines, instructions, etc issued by m.Paani relating to any/all matters connected to the services of m.Paani.
- The Member agrees that all the information supplied to m.Paani is true and correct and the Member shall be solely responsible and liable if the same is found incorrect. The Member is required to inform m.Paani of all changes in contact details through the m.Paani helpline. If a Member fails to provide the change of address information immediately, m.Paani or its Authorized Dealers or its Suppliers will not be responsible for any delay in delivery of the products/ services or Rewards ordered by the Member.
- A Member shall be solely responsible for the management of all Points accumulated, outstanding or accrued, to such Member’s Membership Account.
- The Membership Account and Points are not a payment medium or payment instrument. Points are non-negotiable, non-redeemable and non-exchangeable for cash or credit. These Points cannot be used again.
- When a Member seeks to use or obtain any of the services, benefits, facilities and arrangements as offered by m.Paani Authorized Dealers, the provisions of such services, benefits, facilities or arrangements will be subject to the respective Terms and Conditions of the Partner, being the provider of the said benefits, facilities and arrangements.
- In case of a reversal of any Earn Activity, Points credited to the m.Paani Membership Account, as a result, will be deducted from the accrued Points balance.
- Points may be earned only as per the terms determined by Authorized Dealers and as agreed to by m.Paani. More specifically, certain Earn Activities may receive more or less Points. Exclusions may be posted or noted at point of sale.
- m.Paani and its Authorized Dealers reserve the right to change the Points earn rate per Earn Activity.
- No Points will be provided for Earn Activities retroactively unless otherwise specified by m.Paani.
- Points are calculated by rounding down the transaction value to the nearest integer that merits a full Point denomination as determined by m.Paani. These Points are accrued in whole. Members will not be awarded Points in fractions.
- m.Paani can at any time without intimation to the Members, add and / or remove Authorized Dealers or Earn Activities.
- All Point dispute complaints older than fourteen (14) Working Days from the date of the Earn Activity will not be entertained. The Member must provide proof of Earn Activity to register any Point dispute.
- Authorized Dealers may change any of the Terms and Conditions of their business at any time without giving notice to Members. m.Paani is not responsible for informing Members of the aforementioned changes. m.Paani has no liability for the acts and omissions of Authorized Dealers.
- On receipt of the Redemption request, Points will be deducted from the accumulated Points from the Membership Account. Once the Redemption request is placed and the Member receives the Redemption confirmation via mobile, the request cannot be canceled or refunded.
- The respective Authorized Dealers are responsible for the Points issued under this Program and in the event of any of them going into liquidation or non-payment for these Points or any similar event, m.Paani shall not be liable to honour Points which have been credited to the Membership Account and are yet to be redeemed, but have not been fully funded by the Partner as on that date. In such an event, such Points will be removed from the Membership Account without prior intimation.
- Authorized Dealers are responsible for informing m.Paani of Points to be credited to a Member’s Membership Account. m.Paani shall not be responsible for any failure, delay or error by a Partner to inform m.Paani of Points to be credited to a Member’s m.Paani Membership Account.
- Points can only be earned, held, transferred or redeemed as set out in these Terms and Conditions. Any other use, award, sale, exchange or transfer of Points, or any attempt to do so, is a breach of these Terms and Conditions and may result in a Member’s m.Paani Membership Account being closed and any outstanding Points being forfeited.
- Redemption of Points is subject to m.Paani approval and is guided by:
- Availability of the Reward at the time of Redemption request, and
- Restrictions imposed by any Supplier of the Reward.
- Specific Terms and Conditions may exist for certain Rewards, which will be provided at time of Redemption or upon request to the m.Paani helpline.
- Whenever deemed necessary, m.Paani may, without notice, cancel the Reward order or substitute the Reward with another of comparable nature and value, as determined by m.Paani.
- The Points accrued can only be redeemed by the primary relationship-holder.
- Redeemed Rewards will be delivered through the relevant channels with information provided during enrolment, unless updates are provided to m.Paani via helpline or occasional information update communications.
- Redeemed Rewards are not exchangeable for other Rewards, or refundable, replaceable, or transferable for cash or credit under any circumstances, nor can these be converted back to Points.
- Redeemed Rewards may not be resold.
- In the event of non-availability or discontinuance of any Reward as determined by m.Paani, the Member may be given the option of replacing the Reward with another brand/ product of equivalent monetary value or crediting back Points to his or her account.
- m.Paani reserves the right to introduce new Rewards and remove existing Rewards at any point in time without prior intimation to the Member.
- m.Paani does not accept responsibility for the quality of goods or services offered as Rewards.
- Rewards issued as ‘Coupons’ by m.Paani for specified Authorized Dealers are subject to the following terms and conditions:
- Are not redeemable for cash
- May not redeem more than one per day per Membership number
- Must be used in conjunction with a valid Membership number
- Have an expiration date put forth at the date of Coupon issuance
- Are only valid for one use
- Coupon value is not transferable and must be used in a single purchase
- For all issues related to discrepancy, damage or deficiency of Rewards, the same needs to be intimated to m.Paani helpline within three (3) Working Days of such receipt. However, in case no such intimation is received from the Member within this time period, the Reward shall be considered as valid and accepted and no queries or complaints in this regard shall be entertained.
- m.Paani shall in no event accept liability for damage to person or property whatsoever caused in relation to Rewards redeemed by m.Paani Members in the Program.
- Rewards shall not be delivered outside of the Mumbai metropolitan area. Reward delivery is restricted to the Mumbai metropolitan area.
- The Member does not acquire any right, title or interest in the Rewards.
- Rewards in the nature of gift vouchers or discount cards featured in the Rewards Catalog always carry a validity period, post which these will not be honoured by the Supplier or issuer of gift voucher or discount card. All gift vouchers and discount cards will be subject to their respective Terms and Conditions of the Supplier or issuer.
- All logos and trademarks on the Rewards Catalog and on the Rewards are owned by the respective companies.
- m.Paani will not be held responsible in the event any Supplier withdraws, cancels, becomes non- functional, alters or amends those Rewards.
- m.Paani is not responsible for changes to, or discontinuance of, any Supplier or Supplier product or service, or if any Supplier withdraws from the Program or for any effect on or devaluation of Rewards caused by such change, discontinuance, or withdrawal. Members may not rely upon the continued availability of any Rewards or award level.
- m.Paani or a third party service provider or Supplier shall make three (3) attempts to deliver Rewards through the relevant channel as indicated to the Member at Redemption. If the Reward is not delivered after three (3) attempts due to the respective Member’s inability to receive due to incorrect or out dated information provided during enrolment, the Redemption order will stand cancelled and the Points shall be forfeited. If the Reward is not delivered after three (3) attempts due to an error on m.Paani’s behalf, the Points will be returned / credited to Members account as per the due process. m.Paani reserves the right to change this delivery policy at any period in time.
7. Force Majeure:
- Program quality, functionality, availability and/or reliability may be affected, and/or m.Paani is entitled to, without any liability whatsoever, to refuse, limit, suspend, vary or disconnect the Program, in whole or in part, at any time, at its sole discretion with respect to one/all Members, without any notice, for any reason including the following:
- Government's rules, regulations, orders, directions, notifications etc. including changes thereto, prohibiting and/or suspending the rendering of such services.
- Transmission limitations caused by the topographical, geographical, atmospheric, hydrological and/or mechanical conditions.
- During technical failure/modification/ up-gradation or variation, sabotage, wilful destruction etc.
- If the Program is used in any manner, which violates any law etc. or adversely affects or interferes in any manner, the rendering of the services by m.Paani.
- Riots, disturbance, strikes, lock outs, bandhs, war, theft, accident, technical fault including problems relating to software’s, telephone system, flood, fire or earthquake.
- Any other event, occurrence of which warrants suspension/discontinuation of the Program in m.Paani’s judgment.
- m.Paani shall not be held liable for any losses or inconvenience caused to a Member on account of its inability or delay in providing all or any part of the Program, caused by or arising from any of the Force Majeure Events mentioned above.
a. Membership is valid for a period of six (6) months (Term period) from the date of enrolment, or the most recent qualifying Earn Activity. Earn Activity by a Member indicates continued willingness to participate in m.Paani and receive m.Paani communications. Prior to terminating Membership, m.Paani will inform the Member on how to re opt-in, which would be valid for another period of six (6) months from the date of the SMS, or the most recent qualifying Earn Activity.
For the purposes of the above clause, the commencement of the renewed Term shall be from the date of receipt of the SMS from the Member confirming his/her agreement to enroll or continue with the Program.
If however, a Member does not opt to renew the membership upon expiry of the Term, the Member shall have thirty (30) days from the date of expiry of the Term to utilize the outstanding or accrued points to his/her Membership Account to request the Rewards. Any outstanding Points not utilized by such Member on or before the 30th day from the date of expiry of the Term shall stand automatically cancelled.
b. For purposes of these Terms and Conditions, occurrence of any of the following shall amount to an event of default:
(i) Breach or non-compliance by a Member of any of the provisions of these Terms and Conditions, including any application provisions of any policy incorporated by reference herein;
(ii) Any information being provided by a Member to m.Paani being inaccurate, false or incorrect; or
(iii) Misuse by a Member of any of the benefits arising from his/her Membership.
c. Upon occurrence of an event of default, m.Paani, at its sole discretion, may:
(i) Suspend such Member’s m.Paani Membership Account;
(ii) Forfeit all points accrued to such Member and cease to award any further Points.
d. Notwithstanding Clauses 8(b) and 8(c) above, m.Paani reserves the right to terminate the Membership Account of a Member at its sole discretion at any time without giving any notice or assigning any reason whatsoever.
e. In the event of termination of a Membership Account by m.Paani in terms of this Clause 9, all the Points outstanding and accrued to such Membership Account shall stand automatically forfeited and the Member shall have no right or claims towards redemption of the same.
f. In the event of death of a Member, the m.Paani Membership Account of such Member shall be closed and all Points outstanding and accrued to such Membership Account shall expire.
g. m.Paani reserves the right to terminate the Program, by giving thirty (30) Working Days’ prior written notice to all Members. Upon termination or withdrawal of the Program by m.Paani, all Members may, within thirty (30) Working Days from the expiry of the Termination Notice Period, to utilize the outstanding or accrued Points in their Membership Accounts to request for Rewards. Failure on part of a Member to utilize the outstanding or accrued Points within the aforementioned period will result in the automatic cancellation of all Points outstanding in such Member’s Membership Account.
h. During the subsistence of a Membership, a Member may terminate such Membership through relevant channel(s) as communicated to such Member during the enrolment process and by SMS per TRAI Guidelines. At any point in time, Members may opt-out of the Program by SMS ‘Goodbye’ or ‘Stop’ to the m.Paani longcode. Upon withdrawal by a Member from the Program, all Points outstanding and accrued to such Member’s Membership Account shall stand forfeited.
- Upon earning Points, the Members will receive updated balance statements. Members are advised to opt out of DND in order to continue getting the regular SMS updates on the same. m.Paani will not be responsible for any blockage, restriction or regulation imposed by regulators, leading to inability of communication or delay in communication of any updates or information, whatsoever.
- Any discrepancy on the balance statement must be reported to m.Paani helpline within fourteen (14) days of the statement date and such reporting is subject to the Terms and Conditions contained herein and in the Statement.
- m.Paani will endeavor to ensure that the Program as expressed or advertised will be available to the Members. However, m.Paani makes no representation and provides no warranty whatsoever, expressed or implied, and assumes no liability whatsoever of any part of the Program, including but not limited to Rewards. All Rewards shall be accepted by Members at his or her own risk. Members will be personally liable for any and all costs, taxes, charges, claims or liabilities of whatever nature arising from the provision or availability of benefits, facilities or arrangements provided or made available to a Member, by Authorized Dealers or Suppliers, as a result of his/her membership in the Program.
- Members give permission to third party Suppliers and Authorized Dealers to share Member information with m.Paani as it relates to the m.Paani program. This information may be, but is not limited to: personal information, contact details, and/or Member transaction or performance history.
- m.Paani acts in good faith in response to any oral or electronic instruction or inquiry by the Member in respect of any matter in relation to this Program and the fulfillment of any reward, the member shall not be entitled to claim or allege any loss, damage, liability, expense, etc. attributable, directly or indirectly, to any such good faith action of m.Paani and the Member shall indemnify and hold m.Paani fully harmless in respect thereof.
- All queries in relation to the Program may be addressed to m.Paani through contacting our helpline or to firstname.lastname@example.org. Such queries should highlight:
- The Member’s telephone number as enrolled with m.Paani
- A description of the complaint
- Members agrees that by with enrolment with the Program, he/she is deemed to have read and understood these Terms and Conditions of the Program and confirms that he/she is bound by these Terms and Conditions and any changes to it from time to time and such other terms as specified from m.Paani from time to time.
- m.Paani reserves the right to change, add or remove any part or modify these Terms and Conditions. Such changes shall be deemed effective immediately upon posting of the modified Terms and Conditions to www.mpaani.com/terms. The continued participation of the Members in the m.Paani Program following the posting of changes will indicate their acceptance of changes.
- Members shall not use the Program for any unlawful or abusive purpose, or for sending obscene, indecent, threatening, harassing, unsolicited messages, or messages affecting/infringing upon national or social interest, nor create any damage or risk to m.Paani, its Authorized Dealers and Suppliers, or Members or any other person, natural or legal whomsoever and m.Paani reserves its right to withdraw its Program in such circumstances. Any such infringement or misuse shall under no circumstances be attributed to m.Paani. Members shall be solely responsible for all such acts. Members ,hereby, agree to indemnify and hold harmless m.Paani and its officials/ representatives against all suits, costs, damages or claims of any kind arising out of any act or omission or misuse of the Program by Members or any other person with or without your consent. The Member hereby agrees to indemnify and hold m.Paani harmless against any claim against m.Paani for libel or slander arising out of communications sent or received by the Member via the Program.
- Fraud and/or abuse relating to earning and Redemption of Points in the Program shall result in forfeiture of the Points as well as termination and cancellation of m.Paani Membership.
- m.Paani reserves the right to wholly or partly modify the Program or to vary any of the Terms and Conditions herein in its absolute discretion and without prior notice to Members.
- In case the Program comes in conflict with any rule, regulation or order of any statutory authority, then m.Paani has absolute authority and right to modify or cancel this Program to give effect to the said requirements.
m.Paani is indemnified from any claim of personal loss, physical damage, gross negligence or willful misconduct arising out of any activity or accident affiliated with this Agreement. Member shall reimburse m.Paani for any costs, including but not limited to, reasonable attorney’s fees incurred in defense against any such claim. In no event should m.Paani be liable to Member for any damages which have occurred through no fault of their own.
13. Governing Law
- The laws of India will govern these Terms and Conditions and the same shall be subject to the exclusive jurisdiction of the courts at the location at which the relevant centre is located. The Members agrees and accepts that it shall not raise any disputes in respect to the Terms and Conditions in any other courts except such courts that are located in the relevant centre is located.
- Any dispute or difference whatsoever arising between the parties arising out of or in relating to the construction, scope, operation or effect of these Terms and Conditions, including any question regarding their existence, validity or termination, shall be settled by negotiation in the first instance, and if that fails, it will be referred to and settled by arbitration in Mumbai in accordance with the Indian Arbitration and Conciliation Act, 1996 and the award made in pursuance, thereof ,shall be binding on the parties. The number of arbitrators shall be one and he / she will be approved by mutual consent. The language of the arbitration shall be in English.
- Members, hereby, irrevocably waives any claim or defense of inconvenient or improper forum or lack of personal jurisdiction under any applicable law or decision.
- Membership enrolment and eligibility, earning Points, claiming Rewards, availability of Rewards and Redemption are subject to the Terms and Conditions herein and are subject to any applicable laws and regulations.
- m.Paani, its Authorized Dealers and Suppliers shall not be liable to any Member or his/her nominee or companion, for any indirect or consequential loss, damage or expense incurred of any kind whatsoever, arising out of or in connection with m.Paani, including the functioning of the helpline, and/or provision or the refusal to provide any benefits, irrespective of whether such loss, damage or expense was caused by negligence or otherwise, immaterial to the fact whether m.Paani and/or Authorized Dealers and/or Suppliers have any control over the circumstances giving rise to the claim or not.
Each of the provisions of these Terms and Conditions is severable and distinct from the others and, if at any time one or more of such provisions is or becomes illegal, invalid or unenforceable in any respect under law, the legality, validity or enforceability of the remaining provisions shall not be affected in any way.