Terms and Conditions for Customer and Loyalty Management Program on www.bestofbazaar.com
1. The Subscription fee may be payable as per the terms of agreement made between the client and Dimenteka Business Solutions Pvt. Ltd (hereinafter called as Dimenteka).
2. Term of the any agreement entered into with Dimenteka, is "At Will". The Agreement shall be terminated only in accordance with the terms of such agreement and not by efflux of time.
3. Any agreement shall be deemed to have been commenced from the day of execution of such agreement by Client and Dimenteka.
4. Access provided to the Client may be limited to one email id except where provision for more than one access is specifically agreed upon between Client and Dimenteka in writing.
5. The email address provided by the Client for registering with the website, will be activated only after the same is verified in the manner prescribed by Dimenteka.
6. The access provided under present agreement in favor of the Client is non-transferable and non-assignable.
7. The access provided under the agreement shall not be absolute and shall be subject to Dimenteka's absolute control & authority.
8. The right to use any of the tools under agreement shall be a non-exclusive right and Dimenteka has an absolute right to enter into similar agreement with other clients.
9. The "Disclaimer" and "Terms & Conditions" of the website as modified/updated from time to time shall also be binding upon the Client along with the Terms & Conditions stipulated in the agreement.
10. There shall be no expressed or implied Partnership, joint-venture, principle-agent relationship or employer-employee relationship between Client and Dimenteka by way of this Agreement. Neither party shall be held responsible or make liable for any act done by the other party.
11. All the copyrights, trademarks and other intellectual property rights pertaining to the website, its design, contents, Program Code, etc. and the various tools featured with the website shall be vested in Dimenteka alone and by means of agreement, the Client shall not claim any right whatsoever in such intellectual property rights.
12. Dimeneteka reserves their right to move their database, tools and other data or records maintained onto the present website to any other website without any prior notice to the Client and the Client acknowledges and consents to such change.
13. Dimenteka further reserves their right to make further developments to its tools and website by adding any new feature or by removing any existing feature(s) and the Client agrees and consents to such development of the tools and website.
14. Behavior of all the Tools are controlled and regulated by their respective settings as set-up by the Client and by the data manually entered / entered using any kind of automated tools or software or any medium into such tools by or on behalf of the Client. Therefore, Dimenteka shall not be accountable for any change/ modification in the settings and/or accuracy of the data entered by or on behalf of the Client.Customer Management Tool:
i. Client shall ensure the accuracy of the customer details before entering any such data onto the customer management tool.
ii. This tool provides support to other tools and some of the features of such other tools use the customer information from this Customer Management Tool for sending SMSs through third Party SMS Service Providers.
iii. By using this tool and by providing customers information to the tool, the Client shall agree and represent that it has the requisite permission from the concerned customer to utilize and store such information onto this tool and to share the same to the third party SMS Service Provider. The Client further agrees that it shall be solely responsible for any privacy issue pertaining to the data stored by it in the Tool and Dimenteka has no liability whatsoever towards the customers and/or third party for protection of such data.
Rewards Management Tool:
iv. The calculation, validity and expiry of the Reward Points under the Loyalty/Rewards Management tool will be done in consonance with the settings and other data inputs such as amount of the purchases done by the customer, date of the purchase, etc. as may be provided by the Client through its account(s).
v. Reward Points can be redeemed by the Customer within its validity period on providing the OTP sent by the tool to the Customer’s phone number as saved and updated by the Client onto the tool.
vi. Client is obliged to keep the settings of the tool updated in consonance with any of its ongoing promotional offer and/or discounts.
vii. Client shall be solely responsible to the Customers for such loyalty/Rewards programs or for any specific offers or discounts and Dimenteka shall have no accountability towards the Client’s customers.
viii. Dimenteka provides no guarantee to the customers of the Client towards the redemption of the reward points as shown in SMS sent on their mobile through the tool and therefore, it is the sole responsibility of the Client to honor such reward points within its validity period or otherwise as may have been offered or promoted by it to the end-customer.
ix. By using the Tools, the Client undertakes to make clear any and all communication to its customers and to appraise of any limitations and factors applicable and Non-applicable pertaining to Reward and redeem points basis, Validity, Reward/Redeem Value, and applicability and non-applicability of the rewards and redemption etc., on particular products or services etc.
Note: - Dimenteka may from time to time develop the tool and its functionality and in case of any such development, some of the clauses in point 6 hereinabove may not have applicability. But in no scenario will the Client be exonerated from its duties and obligations under this clause.
15. The Client represents that all the information provided by it for the purpose of listing onto the website are true and correct. The Client shall be solely responsible towards end-users/customers/third party for any such inaccurate information.
16. The Client warrants and undertakes to inform/update Dimenteka regarding any change in details provided to it such as address, contact information, etc.
17. Client warrants and agrees that it shall use the access in consonance with the agreement made between them and Dimenteka and not for any other purpose.
18. Client warrants and agrees that it shall ensure the confidentiality and secrecy of the login id and password and any other applicable settings on the tool(s) and shall protect & safeguard the access from being misused or abused by its employees or third Party and shall also prevent any unauthorized use. The Client further agrees to indemnify Dimenteka against any loss or damage suffered by Dimenteka and/or against any third party claim on account of such misuse or abuse of its access by it, its employee/s or any third party.
19. Dimenteka in order to provide technical support and assistance, may require the Client to disclose its log-in id and password. In such event, the Client shall be liable to change its password to ensure the confidentiality of its access and Dimenteka shall not be liable for any loss of data during such technical support.
20. Dimenteka warrants that it will take abundant care to safeguard the data and records stored or modified by the Client through its account and will take all necessary steps to protect the same against prospective abuse or misuse. It is further agreed between the parties that Dimenteka shall not be liable for any loss or theft of such data or records if such loss or theft occurred due to some external factors which cannot be controlled by Dimenteka.
21. Both Parties agree that the contents, Terms and Conditions are confidential in nature and therefore, both the parties determine not to disclose the same to any third party without prior written permission of the other party except as otherwise required by law or to take legal assistance.
22. The Client undertakes to abide by all the laws, rules and regulations as may be applicable to its business and further warrants and agrees to take all the necessary sanctions, licenses, etc. from the statutory or governmental authorities. The Client also agrees that Dimenteka may disclose or share any information and data maintained on the tools to any government or regulatory bodies upon their request.
23. The Client undertakes to abide by all the rules and regulations prescribed by TRAI or other regulatory bodies while using such tools.
24. The Client understands that the customer details, data or records saved by it onto the tools and/or its own details given at the time of registration may be utilized or processed by Dimenteka, its partners, Associates, joint venture, or by third party on behalf of Dimenteka for promotion of its business or for data analysis, market trends and for other purposes. Dimenteka undertakes that it will not involve in directly selling, distributing or exchange of such data between local business(es) for commercial purposes.
25. The Client represents that it is entering into agreement only after completely understanding the functionality and limitations of the tools provided by Dimenteka and it further represents that there has been no misrepresentation regarding the functionality of the tools by Dimenteka.
26. Client undertakes to pay the consideration in advance to keep its access activated whether or not the tools are actually utilized by it. In case of non-use of the tools for a certain time period, the Client can surrender its access for temporary suspension and can further request Dimenteka to protect its data and records during the interregnum period by paying the suspension charges as may be prescribed by Dimenteka.
27. Dimenteka represents that it will take all the reasonable care for smooth working of the tool(s) and it further represents that in event of any technical, program or any other error, bug, virus, etc. in the tool(s), the Company will take all the corrective actions and further will take all the preventive measures. However, it shall not be responsible for any data correction / data maintenance / periodic report generation / report sending / data reconciliation / data accuracy / mismatch, etc. Any assistance beyond the scope of technical support, bug fix, etc. shall be provided by Dimenteka only on rendering additional cost as agreed mutually between the parties.
28. Dimenteka warrants that the data maintained by Client on to the tool/s shall not be in any way be treated as indicative of any reference of any actual transaction made between Client and their customers.
29. Any or all data posted, stored, modified or deleted onto the tools shall be the sole responsibility of the Client and Dimenteka shall not be answerable for any such addition, deletion or modification of data.
30. The tools provide for an SMS service wherein any addition, redemption or expiration of reward points as saved by the Client into the tools will be communicated to the customer through SMS. In such scenario, the Client shall be solely responsible towards the Customer for such SMSs and Dimenteka shall not be liable to such customers for any privacy issue.
31. Client shall be solely liable for accuracy of details sent in SMS to the customer and further shall be solely liable to honor the promise made through such SMS, be it with regards to the reward points. Dimenteka shall not be liable for any claim by the customers in connection with reward points basing on such SMS.
32. Client agrees to indemnify Dimenteka against any claim for inaccurate reward points, wrongful redemption and/or expiration of such reward points, etc.
33. In case of temporary or permanent closure of Client's business, Dimenteka shall not have any accountability towards Client's customers for redemption of reward points so collected/awarded in such customers' accounts/names
34. SMSs in general will be sent with Dimenteka's sender id and any request from the Client for customized sender id will be entertained by Dimenteka based on availability only. In case of customized sender id, the Client is required to provide such documents as may be required and prescribed by any law or any regulatory authority and also as may be required by Dimenteka or by third Party SMS Service provider in order to facilitate such customized services.
35. In case of such customized sender id, the Client agrees and undertakes to abide by terms and conditions of third party SMS Service provider.
36. In event of any issue or dispute arising due to the use of such customized sender id, Dimenteka shall not be amenable for the same and the duty to resolve such issue or dispute shall be solely of the Client.
37. In case Dimenteka receives any complaint or claim from the third party or the Client's customer against misuse or abuse of such SMS services by the Client, Dimenteka shall have an absolute right to cancel such customized services and to withdraw/suspend/block all the access provided to the Client and the Client will also not be entitled for any refund of the fee paid by it in advance.
38. Dimenteka shall have an absolute right to withdraw/suspend such customized sender id without any notice and without assigning any reason. In such case, Dimenteka shall not be liable to refund fee/charges paid for such customized sender id, if any.
39. SMS may be sent with the Dimenteka's id or with customized sender id but in any case, Dimenteka shall have no role or participation in the transaction or deal between Client and its customer. Dimenteka is merely providing a communication medium between the Client and its customer and therefore, Dimenteka shall not be responsible for any dereliction by the Client in fulfilling the commitments made to its customer by using Dimenteka’s tools.
41. In case of deployment of the tool(s) into the local server of the Client, Dimenteka shall not be liable for its maintenance or any update in the software after such deployment.
42. Dimenteka warrants that any integration requirements of tools with the first party software/s shall be discussed and agreed separately along with specific commercial and non-commercial terms. However, Dimenteka shall not be responsible to make correct any issues arising out of such 3rd party integration. For integration purposes, it is the responsibility of the Client to take all the required permissions and approvals from the 3rd party software/system provider/s in all respects and Dimenteka will not be responsible and accountable towards any objections and concerns raised by such 3rd part software / system service providers.
43. Dimenteka through its website and tools is only providing a subscription or transaction based service wherein the fee may be paid as a fixed percentage of sale transaction or of reward points earned or redeemed, etc. as may be mutually agreed upon between the parties. But in any case, Dimenteka shall not be in any way concerned or liable for any sale, purchase, customer enquiry or profit & loss of Client's Business.
44. In the event, the access is withdrawn/blocked/suspended or deleted by Dimenteka, following the agreement terms, Client may still require to access its account to facilitate its customers in redeeming the existing reward points. Therefore, on such requirement, Dimenteka and the Client may enter into a fresh agreement, oral or in writing, to provide a temporary and limited access to the Client for the specific purpose. Commercial or non-commercial terms of such agreement shall be mutually decided and agreed upon by both the parties. Dimenteka shall not be liable to the Client, its customer or third Party for any loss or damage, as may be suffered by them in case no consensus is achieved between Dimenteka and the Client for the terms of such post termination agreements.
45. The Client agrees and undertakes to indemnify Dimenteka against any and all claims, losses or damages which Dimenteka may suffer due to breach of any of these terms & conditions by the Client.
46. The right of Dimenteka under the agreement signed by Client and Dimenteka, shall stand transferred by the force of law in event of Mergers & Acquisitions and such transfer shall be binding upon the Client.
47. Dimenteka shall have sole right to transfer its rights under the agreement signed by Client and Dimenteka, by way of Assignment, Sale, License, Joint Venture, Collaboration, etc. and such transfer shall be binding upon the Client.
48. The signing, validity, explanation and implementation of the agreement, signed by Client and Dimenteka, shall be governed by the Laws of India.
49. Any disputes arising out of or pertaining to agreement signed by Client and Dimenteka, both parties are deemed to agree to submit to the jurisdiction of Court of Hyderabad.
50. If any of the provisions of the agreement signed by Client and Dimenteka, or part thereof is held/ judged to be illegal / unenforceable/ invalid/ void under any law, rule or regulation or by the Court of Law, such invalidity shall not affect the enforceability of any other provision of this agreement.
51. If any breach of any of the terms of this agreement is committed by the Client or if any dispute arises between the parties touching upon interpretation and implementation of any or all of the terms of the agreement signed by Client and Dimenteka, either parties agreed to resolve the same by referring the matter to a Sole Arbitrator. On such reference the Sole Arbitrator shall resolve the dispute in accordance with the provision of Arbitration and Conciliation Act, 1996 and the seat of the Arbitration shall be at Hyderabad alone.
52. No forbearance or delay by Dimenteka in enforcing its rights shall prejudice or restrict the rights of Dimenteka and shall not be construed as Waiver. No waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.