MegaPoints Rewards App Terms & Conditions

Last Updated: 27 December 2022 

  1. GENERAL

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. You can find this document when you sign in to https://megapointsrewards.com or MegaPoints Rewards App. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website "https://megapointsrewards.com" and "http://getmegapoints.com" hereinafter referred to as the "Website" or "App" or "MegaPoints Rewards App") which is owned and operated by Instore Commerce LLP (hereinafter referred to as the "Company"), having its registered office at House No 553/1, Sr. No. 400/1-A,Kachigam Kachigam Char Rasta, DAMAN Daman DNH&DD 396210 IN.

  • Where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
  • For the purpose of these Terms of Use ("Terms"), wherever the context so requires,
    • The term “You”, ”User” and , “Rewards Member", shall mean any legal person or entity accessing or using the services provided on this Website or App for MegaPoints Rewards App who can be an individual or a company who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872.
    • The terms "We", "Us", "Our", "MegaPoints", “MegaPoints Company” shall mean the Website, App or the Company, as the context so requires.
    • The term “Rewards Services", “MegaPoints Rewards Club", “MegaPoints Rewards Services" or "MegaPoints Services” shall mean the services provided by through and not limited to the medium of website, mobile apps, desktop apps. The service includes collecting data from the users and providing users with a loyalty program software to earn rewards and win gifts.
    • The Term “Rewards Member”, “Member” shall mean the MegaPoints Rewards App users that the User will be associated with. The reward member users are also characterised as normal users governed by MegaPoints Rewards Member Terms and Conditions.
    • The terms "Business Party" & "Business Parties" shall respectively be used to refer to the Rewards Member and the Company individually and collectively, as the context so requires.
  • The headings of each section in these Terms are only for the purpose of organising the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed by the Parties that the headings shall have no legal or contractual value.
  • The use of MegaPoints Rewards Services by the Rewards Member is solely governed by these Rewards App Terms & Condition as well as the Rewards App Privacy Policy and any modifications or amendments made thereto by MegaPoints Company, from time to time, at its sole discretion. If You continue to access and use MegaPoints Rewards App, You are agreeing to comply with and be bound by the following Rewards App Terms and Conditions of Use and Our Rewards App Privacy Policy. The Rewards Member expressly agrees and acknowledges that these Rewards App Terms and Policy are a co-terminus and that expiry/termination of either one will lead to the termination of the other.
  • The Rewards Member unequivocally agrees that these Rewards App Terms and Services and the aforementioned Rewards App Privacy Policy constitute a legally binding agreement between the Rewards Member and MegaPoints Company, and that the Rewards Member shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by MegaPoints Company, and that the same shall be deemed to be incorporated into these Rewards App Terms, and shall be treated as part and parcel of the same. The Rewards Member acknowledges and agrees that no signature or express act is required to make these Rewards App Terms and the Policy binding on the Rewards Member and that the Rewards Member's act of visiting or using any part of MegaPoints Rewards App or MegaPoints Rewards Services constitutes the Rewards Member's full and final acceptance of these Rewards App Member Terms and Condition and the aforementioned Rewards App Privacy Policy.
  • MegaPoints reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Rewards Member, and the Rewards Member expressly agrees that any such amendments or modifications shall come into effect immediately. The Rewards Member has a duty to periodically check the Rewards App Terms and Services (available online on https://megapointsrewards.com/terms-and-conditions) and Rewards App Privacy Policy (available online on https://megapointsrewards.com/privacy-policy) and stay updated on its requirements. If the Reward Member continues to use the MegaPoints Rewards Member Services following such a change, the Rewards Member will be deemed to have consented to any and all amendments/modifications made to the Rewards App Terms and Services and Rewards App Privacy Policy. In so far as the Rewards Member complies with these Rewards App Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use MegaPoints and MegaPoints Rewards Member Services. If the Rewards Member does not adhere to the changes, You must stop using MegaPoints Rewards Member Services at once. Your continuous use of MegaPoints Rewards Member Services will signify your acceptance of the changed terms.
  1. REGISTRATION
  • To fully avail of the use of MegaPoints Rewards App, one-time user registration is required. Access to the service will be granted after providing information which may include and is not limited to your name, your address, your contact information, your photo and other personal information. The information collected is used to provide you with important informational services and also to help us serve you better.
  • MegaPoints Rewards App will reserve rights to accept or reject the Rewards App user services registration on basis of genuinity and reliability of the documents submitted while registration.
  • A successful and accepted registration account of a Rewards Member will give the Rewards Member access to the “MegaPoints Rewards Services".
  • Registration for MegaPoints Rewards Services is available only to those above the age of 18 years, barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website or app, You may do so through Your legal guardian and MegaPoints Company reserves the right to terminate Your Rewards Member Services Account on knowledge of You being a minor and having registered on the Website/app or availing any of its Services.
  • Further, at any time during Your use of MegaPoints Rewards Services, including but not limited to the time of registration, You are solely responsible for protecting the confidentiality of Your Username and Password, and any activity under the account shall be deemed to have been done by You. In the case that You provide Us with false and/or inaccurate details or We have reason to believe You have done so, We hold the right to permanently suspend Your MegaPoints Rewards Member Account. You are responsible for safeguarding your own password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Rewards Member Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your Rewards Member Account to contact@megapointsrewards.com.
  1. SERVICE OVERVIEW AND SERVICE USE CONDITION
  • MegaPoints is a free service where a user can win various gifts and amazing rewards by earning MegaPoints Rewards Points / Loyalty Points / Rewards Points.
  • Rewards Points can only be earned by shopping at our partner stores, restaurants or businesses called as MegaPoints Merchant Partners.
  • MegaPoints Merchant Partners can set their own strategy to promote their store and issue Rewards Points to Rewards Member according to their strategy. 
  • Rewards Point cannot be purchased by any form of exchange of legal tender.
  • The MegaPoints Rewards Services avails benefits of customer loyalty from retailers across India to its Users who are obliged under MegaPoints Rewards App Terms and Conditions.
  • As the MegaPoints Rewards App is at its early development phase, MegaPoints will have limited ways of rewarding the Rewards Members.
  • The current development phase of MegaPoints services is called as Limited Beta Phase. To know more about Limted Beta Phase on https://megapointsrewards.com/limited-beta-phase.
  • MegaPoints will allow only 1,00,000 users to sign up to its MegaPoints Rewards App Services to test the stability of the services in the Limited Beta Phase.
  • The services offered on MegaPoints Rewards App will be limited during the Limited Beta Phase..
  • The Rewards Member will not be able to access some features as MegaPoints Rewards App is on its Limited Beta Service phase.
  • MegaPoints Rewards App will have some features disabled, or some features enable to promote the Rewards App during the Limited Beta Phase.
  • MegaPoints in future will offer more ways to reward the Rewards Member. More way to reward the Rewards Member will be introduced on the increased usage and increasing users on MegaPoints Rewards App.
  • Currently the Rewards Member will only be able to participate in contest if they have achieved a set number of lifetime MegaPoints. For example the MegaPoints Member will be able to participate in the contest if they earned 20MP lifetime MegaPoints.
  • The contests on MegaPoints Rewards App are conducted on behalf of promoting the businesses who are MegaPoints Merchant Partners or third party partners.
  • All the contest contested on MegaPoints Rewards App are managed by MegaPoints Company and no MegaPoints Merchant Partner or a third party partner can influence any contest.
  • Contests on MegaPoints Rewards App may be sponsored by MegaPoints Merchant Partners or any other third party sponsors.
  • The contests are hosted periodically. Any Rewards Member who are eligible as per the Rewards App Terms & Condition & Rewards App Privacy Policy can participate in the contest.
  • The contest held by MegaPoints has their own rules & conditions, therefore the Rewards Member before participating in the contests should read the Contest Rules & Condition along with the Rewards App Terms & Condition & Rewards App Privacy Policy.
  • If the user enters the contest by purchasing the contest passes/tickets we will consider that the Rewards Member has read and agreed to the Contest Rules and Conditions.
  • Some contest offered on the MegaPoints Rewards App might be prohibited by some states or any local government administrative body. The Users residing in those areas should not participate in any Rewards Contest that resemble restrictions from those sates or local government administrators.
  1. ELIGIBILITY
  • The Rewards Member User represents and warrants that they are competent and eligible to enter into legally binding agreements and that they have the requisite authority to bind themselves to these Rewards App Terms and Conditions, as determined solely by the provisions of the Indian Contract Act, 1872. The Rewards Member may not use the MegaPoints if they are not competent to contract under the Indian Contract Act, 1872, or are disqualified from doing so by any other applicable law, rule or regulation currently in force.
  1. CONTENT
  • All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, loyalty products, promotions, advertisements and other materials or information (collectively, "Content"). We guarantee the quality, accuracy, integrity and genuineness of such Content.
  • MegaPoints shall be responsible for the integrity, authenticity, quality and genuineness of the services displayed on the Website/App and sold to the Users. They shall endeavour to take all complaints and feedback of Users via the Website, and take appropriate reparative action, if possible, against negative feedback.
  • The Rewards Member have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on MegaPoints Rewards App Services. Rewards App Member shall not copy, adapt, and modify any content without the written permission of MegaPoints Company.
  1. TERM
  • These Rewards App Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the Rewards Member continues to access and use MegaPoints and MegaPoints Rewards Services.
  • A Rewards Member may terminate their use of MegaPoints Rewards Services at any time. MegaPoints Company may terminate these Rewards App Terms and close a Rewards Member Account at any time without notice and/or suspend or terminate a Rewards Member access to the Website/App and Rewards Member Services at any time and for any reason, in its sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
  • It is also hereby declared that MegaPoints Company may discontinue the services without any prior notice.
  1. TERMINATION
  • MegaPoints Company reserves the right, in its sole discretion, to unilaterally terminate the Rewards Member's access to the Rewards Member Services, or any portion thereof, at any time, without notice or cause. MegaPoints Company also reserves the universal right to deny access to a particular Rewards Member, to any/all of its Rewards Services without any prior notice/explanation in order to protect the interests of the Website/App and/or other visitors to the Website/App. MegaPoints Company reserves the right to limit, deny or create different access to the Rewards Services and its features with respect to different Rewards Member(s), or to change any of the features or introduce new features without prior notice. The Rewards Member shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Rewards Member shall not have the right to terminate these Terms till the expiry of the same.
  1. COMMUNICATION
  • By using MegaPoints Rewards App and providing his/her contact information to the Company through the Website/App, the Rewards Member hereby agrees and consents to receive calls, auto dialled and/or pre-recorded message calls, emails, and SMSs from the Company and/or any of its affiliates or partners at any time, subject to the Policy. In the event that the Rewards Member wishes to stop receiving any such marketing, special offers or promotional calls/email messages/text messages, the Rewards Member may unsubscribe via email at contact@megapointsrewards.com. The Rewards Member agrees and acknowledges that it may take up to fifteen (15) business days for MegaPoints Company to give effect to such a request by the Rewards Member.
  • The Rewards Member expressly agrees that notwithstanding anything contained herein above, it may be contacted by MegaPoints Company or any of its affiliates/partners relating to any service availed of by the Rewards App User on MegaPoints Rewards App or anything pursuant thereto and the Rewards Member agrees to indemnify MegaPoints Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the Rewards Member with MegaPoints Company shall be governed by the Policy.
  1. MEMBERSHIP & CHARGES
  • MegaPoints Rewards App is free to use. MegaPoints Rewards App does not involve any type of money transactions or payment gateway integration in the app. This means that the Rewards Member are not charged at any stage by the MegaPoints Company for using the app.
  1. REWARDS MEMBER OBLIGATIONS

The User agrees and acknowledges that he/she is a restricted Rewards Member of MegaPoints Rewards App Services and MegaPoints and that he/she:

  • Agrees to provide genuine credentials during the process of registration on MegaPoints Rewards App. You shall not use a fictitious identity to register. We are not liable if the Rewards Member has provided incorrect information.
  • Agrees to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date. The Rewards Members can update their details anytime.
  • Agrees that You are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorised use of your account. We reserve the right to close your account at any time for any or no reason.
  • Understands and acknowledges that the data collected from the Rewards Member is backed up on our servers. We may store the backup in multiple serves allocated by us. We store data in multiple backups to offer uninterrupted service to the Users/Rewards Members/MegaPoints Merchant/MegaPoints Partners. The Rewards Member also acknowledges that the data collected and stored in the database are for the purpose of easy and ready reference.
  • Authorises MegaPoints Company to use, store or otherwise process Your personal information and information for marketing and promotions of MegaPoints.
  • Understands and agrees that, to the fullest extent permissible by law, MegaPoints Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Website/App or from this Rewards App Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
  • Is bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from MegaPoints Rewards App. Any such use/limited use of MegaPoints Rewards App will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on MegaPoints is expressly prohibited.
  • Agrees not to access (or attempt to access) MegaPoints and/or the materials or services by any means other than through the interface provided by MegaPoints. The use of deep-link, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of MegaPoints Rewards App or its content, or in any way reproduce or circumvent the navigational structure or presentation of MegaPoints, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through MegaPoints will lead to suspension or termination of the Rewards member Services and Rewards Member access to the Website/App, as detailed in Section 11 herein below. The Rewards member acknowledges and agrees that by accessing or using MegaPoints Rewards App or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on MegaPoints Rewards App.
  • If at any time MegaPoints permits the Rewards Member and Users to post, or upload data/information as user submissions, and the Rewards Member undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The Rewards Member expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from MegaPoints immediately and without notice, and further that the Rewards Member's access to MegaPoints Services may also be permanently revoked, at the sole discretion of the Company. The Rewards Member further undertakes not to:
    • Threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
    • Engage in any activity that interferes with or disrupts access to MegaPoints Rewards App or the services provided therein (or the servers and networks which are connected to MegaPoints Rewards App);
    • Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
    • Publish, post, or disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
    • Post or share any image/file/data with the Company that infringes the copyright, patent or trademark of another person or legal entity;
    • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
    • Probe, scan or test the vulnerability of MegaPoints Rewards App or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The Rewards Member may not reverse look-up, trace or seek to trace any information relating to any other User/Rewards Member/Developer User of, or visitor to, MegaPoints Rewards App or any other User/Rewards Member/MegaPoints Partner of MegaPoints Rewards App, including any User/Rewards Member/MegaPoints Partner account, maintained on MegaPoints Rewards aoo not operated/managed by the User/Rewards Member/MegaPoints Partner, or exploit the Website or information made available or offered by or through MegaPoints Rewards App, in any manner;
    • Disrupt or interfere with the security of, or otherwise cause harm to, MegaPoints Rewards App, systems resources, accounts, passwords, servers or networks connected to or accessible through MegaPoints Rewards App or any affiliated or linked platforms;
    • Collect or store data about other Users/Rewads Members/MegaPoints Partner of MegaPoints Rewards Services. Except for the data of User(s) herein who are the customers of Rewards Member(s).
    • Use MegaPoints Rewards App or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party (ies);
    • Violate any code of conduct or guideline which may be applicable for or to any particular service offered on MegaPoints Rewards App
    • Violate any applicable laws, rules or regulations currently in force within or outside India;
    • Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of MegaPoints contained herein or elsewhere, whether made by amendment, modification, or otherwise;
    • Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public Order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
    • Publish, post, or disseminate information that is false, inaccurate or misleading;
    • Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
    • Commit any act that causes MegaPoints Rewards App to lose (in whole or in part) the services of its Internet Establishment ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website,
  • The Rewards Member hereby expressly authorises the MegaPoints to disclose any and all information relating to the User in the possession of MegaPoints to law enforcement or other government officials, as MegaPoints may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The Rewards Member further understands that MegaPoints Rewards App might be directed to disclose any information (including the identity of persons providing information or materials on MegaPoints Rewards App) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
  1. SUSPENSION OF CLUB MEMBER ACCESS AND ACTIVITY
  • Notwithstanding other legal remedies that may be available to it, MegaPoints Rewards App may in its sole discretion limit the Rewards Member access and/or activity by immediately removing the Rewards Member access credentials either temporarily or indefinitely, or suspend/terminate the and Rewards Member's association with MegaPoints, and/or refuse to the usage of MegaPoints to the User, without being required to provide the User with notice or cause:
    • If the Rewards Member is in breach of any of these Terms or the Policy;
    • If the Rewards Member has provided wrong, inaccurate, incomplete or incorrect information
    • If the Rewards Member 's actions may cause any harm, damage or loss to the other Rewards Member and Merchant Partner or to the MegaPoints, at the Company's sole discretion.
  1. INDEMNITY
  • You agree to indemnify, defend and hold harmless MegaPoints, its independent service providers, third-party Suppliers, and consultants, and their respective directors, officers, employees and agents (collectively, "Parties"), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:
    • Your use of our Services,
    • Any Discussions or Messages you provide;
    • Your violation of these Terms and Conditions;
    • Your violation of any rights of another;
    • Your conduct in connection with MegaPoints;
    • Your internal disputes amongst other Rewards Members/ Merchant Partner User(s) and Users; or
  • You agree to fully cooperate in indemnifying Us at Your expense. You also agree not to reach a settlement with any party without Our consent.
  • In no event shall MegaPoints be liable to compensate the Rewards Member or User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Rewards Member's use of or access to MegaPoints Rewards App and/or the services or materials contained therein.
  1. LIMITATION OF LIABILITY
  • The Founder/ Associated people of MegaPoints Rewards App are not responsible for any consequences arising out of the following events:
    • If MegaPoints Rewards App is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, or server failure.
    • If the Rewards Member has fed incorrect figures or data or for any deletion of data
    • If there is undue delay or inability to communicate through email
    • If there is a failure in the functioning of any other service provided by MegaPoints.
  • MegaPoints accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the Rewards Member’s or User, the Rewards Member's or User's belongings, or any third party, resulting from the use or misuse of MegaPoints Rewards App or service availed of by the Rewards Member and User through MegaPoints Rewards App. The service and any content or material displayed on the service are provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. MegaPoints Rewards App will not be liable to you for the unavailability or failure of MegaPoints Rewards Services.
  • Rewards Members may be held legally responsible for damages suffered by other Rewards Members/Merchant Partner, MegaPoints Rewards App or any third party as a result of legally actionable or defamatory comments, remarks, or other information or content posted to MegaPoints Rewards App.
  • Rewards Members are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
  • MegaPoints expressly excludes any liability for any loss or damage that was not reasonably foreseeable by MegaPoints Rewards Services and which is incurred by you in connection with MegaPoints Rewards Services, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
  • To the fullest extent permitted by law, MegaPoints shall not be liable to You or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of MegaPoints Rewards Services.
  1. INTELLECTUAL PROPERTY RIGHTS
  • Unless expressly agreed to in writing, nothing contained herein shall give the Rewards Member a right to use any of the MegaPoints trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, and domain names, including material, designs, and graphics created by and developed by MegaPoints and other distinctive brand features of MegaPoints are the property of Instore Commerce LLP (The Company). Furthermore, with respect to the App and the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to MegaPoints.
  • The Rewards Member may not use any of the intellectual property displayed on MegaPoints in any manner that is likely to cause confusion among existing or prospective Users of MegaPoints Rewards App, or that in any manner disparages or discredits the Company, to be determined in the sole discretion of the Company.
  • The Rewards Member is further aware that any reproduction or infringement of the intellectual property of the Company by the Rewards Member will result in legal action being initiated against the Rewards Member by the Company. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
  1. DISCLAIMER OF WARRANTIES AND LIABILITIES
  • The Rewards Member agrees and undertakes that they are accessing MegaPoints Rewards Services and transacting at his/her sole risk and that it is using his/her best and prudent judgment before availing of any service listed on MegaPoints Rewards Services.
  • It is the Rewards Member’s duty in all circumstances that they will completely be aware of the Rewards App Terms and Condition of MegaPoints Rewards App mentioned in https://megapointsrewards.com/terms-and-conditions
  • The Rewards Member agrees that any kind of information, resources, and recommendations obtained/availed from MegaPoints relating to the Services, whether written or oral, will not create any warranty and the Website disclaims all liabilities resulting from these.
  • MegaPoints does not guarantee that the functioning of the Company/Website/App will be uninterrupted or error-free, or that the Company/Website/App or its server will be free of viruses or other harmful components, and the Rewards Member hereby expressly accepts any and all associated risks involved with the Users use of MegaPoints Rewards Services.
  • MegaPoints may avail services from third-party entities to serve you better and these services will be provided on an “as is” basis and the Company/Website/App disclaims any liabilities resulting from these third-party services. The Company/Website/App will not be responsible for any internet delays and damages caused by such problems.
  • It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Rewards App Terms and Conditions and/or Rewards App Privacy Policy.
  1. FORCE MAJEURE
  • Neither MegaPoints nor the Website/App shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorised.
  1. DISPUTE RESOLUTION AND JURISDICTION
  • It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Rewards App Terms and Conditions and/or Rewards App Privacy Policy.
    • Mediation: In case of any dispute between the Parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both the Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
    • Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Proprietorship, and the award passed by the such sole arbitrator will be valid and binding on both the Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Daman.
  • The Parties expressly agree that the Rewards App Terms and Conditions, Rewards App Privacy Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India.
  1. NOTICES
  • Any and all communication relating to any dispute or grievance experienced by the Rewards Member May be communicated by writing an email to contact@megapointsrewards.com.
  1. MISCELLANEOUS PROVISIONS
  • Entire Agreement: These Rewards App Terms and Conditions, read with the Rewards App Privacy Policy form the complete and final contract between the Rewards Member and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
  • Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
  • Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or enforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
  • Contact Us: If you have any questions about this Agreement, the practices of the App, or your experience with the Service, you can email us at contact@megapointsrewards.com