This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, ACCESSING, REGISTERING OR USING THIS MOBILE APPLICATION “CHIKU”. BY DOWNLOADING, ACCESSING, REGISTERING AND/OR USING CHIKU YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AS SET FORTH HEREINAFTER.
THIS AGREEMENT is made between you and Chiku (hereinafter referred to as "Chiku" or “Us” or “We”) and YOU (hereinafter referred to as "user" or “end user” or “customer”), and is dated for reference purposes as of today.
AppVila a property of Maclato Media owning and operating Chiku, and sets out your rights and obligations, and those of the Firm, in relation to this site viz. www.Chiku.co (“Website”) and the services offered by us either through accessing the Website or through downloading the Chiku application (the "Chiku Service"). You must take the time to read and understand the terms set out in this Agreement before registering for the Chiku Service. By registering, you accept that you are entering into an Agreement with us on the terms as set out hereinafter. User shall have no authority to bind, obligate, or commit Chiku in any manner, including by any promise or representation, whether oral or written, unless specifically authorized by Chiku in writing.
Other documents referred to in this Agreement are also incorporated by reference and can be accesses at the following link: www.Chiku.co/terms.
We Require You to Meet These Basic Requirements to Use the Chiku Services:
1. When using the Chiku Services you represent that you are of sufficient age to form legally binding contracts. Our Chiku Service is not designed to solicit or collect information of any kind from persons under the age of 18, and we do not knowingly collect any information from persons under the age of 18.
2. People who register for the Chiku Services need to establish an "account", and become an "account holder”. There is a restriction of one Chiku account per person. The Firm reserves the right to terminate duplicate accounts, resulting in the potential loss of the Product(s) obtained by or through the Chiku Services.
4. We want you to provide accurate information when registering for or interacting with the Chiku Services. It is your responsibility to ensure that your contact information and other details as required by us for registration are correct in your Chiku account. Failure to do so may result in you not receiving a Product or Offer as part of the Chiku Services. If you provide any information that is untrue, inaccurate, not current or incomplete or the Firm has reasonable grounds to believe that you have provided fraudulent, misrepresented, or otherwise untruthful information in a Chiku account, we may have that account terminated immediately and you may not be entitled to use the Chiku Services in the future. The Firm shall not be liable for any loss or damage arising from your failure to comply with this Clause.
5. Irrevocable consent and authorization to use data and personal information:
You hereby irrevocably consent and/or authorize the Firm to collect, process, use, publish and share your personal data, such as your full name, your email, your mobile contact number on any restricted or public web pages maintained by the Firm with advertisers/affiliates/Merchant Partner /Advertising Partner and /or other businesses and services associated with Chiku. This includes storing your personal data in a file system or database and sharing the same for this purpose. You further agree and consent to be contacted by persons or entities that the Firm shares such data and/or personal information with for any product and/or Service or promotions.
6. The Firm does not warrant, guarantee, or offer any support for the Product(s) obtained from or through the Chiku Service. No warranty, commitment or any other obligation should ever be assumed by you on our behalf or on behalf of a Product manufacturer, licensor or supplier without our express prior written consent. For the purposes of this Agreement, “Product” includes without limitation tangible goods, software, games, electronic books, virtual currency, virtual goods, statement credits, services, information, content, rewards, and other items offered or received through the Service.
7. Violation of this Agreement may result in the termination of your Chiku account, and any Product(s) or offers obtained by means of the Chiku Services may be revoked.
PART II: TRANSACTION PROCEDURE
Completing an Offer-Based Transaction
The following terms shall apply to use of the Chiku Services for Offer-Based Transactions. An Offer-Based Transaction is the opportunity to obtain a Product or Coupon or Voucher (hereafter called "Product" from a third party (the "Merchant Partner") by completing an offer made by another third party (the "Advertising Partner") that has been made available to you by the Firm(us) through the Chiku Service (an "Offer").
1. In order to successfully complete an Offer-Based Transaction and receive your Product from the Merchant Partner you must meet all of the Offer requirements that have been established by the Advertising Partner that has made available the Offer.
2. You must initiate the completion of the Offer from within the Chiku Service. Transactions initiated on another website without originating from within the Chiku Service may not be tracked by our Advertising Partners and you will not be eligible to receive your Product from the applicable Merchant Partner.
3. We expect you to fully understand and comply with the instructions and restrictions stated during the Offer presentation and completion process. Unless stated otherwise, Offers may only be completed once per person and once per household or be limited to new customers or members only. In the event that you attempt to complete an Offer more than once you shall not be eligible to receive your Product, and your Chiku account(s) may be terminated.
4. Depending on the Offer completion, there may be a delay in receiving your Product due to a delay in the Advertising Partner reporting the Offer completion to the Firm.
5. You may not complete an Offer with the intent to immediately cancel or return the Product offered from the Advertising Partner. A "quick cancellation" is considered to be fraudulent and may void your transaction. The Firm may, at its discretion, suspend or revoke your rights to use the Chiku Services, terminate your Chiku account, and/or report your activity to the Merchant Partner, website, and/or service that has referred you to Chiku, who each may terminate your account or take other punitive action if you are found to have engaged in such activity.
6. Any prices, terms and Product descriptions made or referred to on the Chiku Services are subject to availability. While we undertake good faith effort to ensure that Products appearing on the Chiku Services are available, we cannot guarantee that all Products are in stock or immediately available when you complete your Offer. We may reject your transaction (without liability) if we are unable to process or fulfill it. We have the right to withdraw and/or revise the terms of any Offer Based Transaction prior to conclusion of a transaction. We also reserve the right to notify you of any mistakes in Product descriptions or errors in terms prior to conclusion of a transaction. The Offer-Based Transaction is concluded after we receive a report of your completion of an Offer from the Advertising Partner and the earlier of (i) the Firm dispatching a report of your transaction to the Merchant Partner or (ii) the Firm sending you an email with instructions on how to access your Product.
7. We may choose to retain records of completed transactions, acknowledgements, acceptances and other contract and transaction records. We may be able to provide you with copies of these on written request; however you must make sure you print a copy of all such documents and documents contained or referenced in this Agreement for your own records.
PART III: INTELLECTUAL PROPERTY RIGHTS
1. Copyright Ownership: The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website and Chiku Services are protected under applicable copyrights, trademarks and other proprietary rights including but not limited to intellectual property rights and shall always remain the exclusive property of the Firm. The copying, redistribution, use or publication by you of any such matters or any part of the Website or Chiku Services, except as allowed under "Limited Right to Use" below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Website or the Chiku Services. The posting of information or materials on the Website or Chiku Services does not constitute a waiver of any right in such information and materials.
2. Limited Right to Use: The viewing, printing or downloading of any content, video, audio, graphic, form or document from the Website or Chiku Services grants you only a revocable, nonexclusive license for use solely by you for personal, non-commercial purposes limited to the use as is reasonably required to view and listen to the content and navigate through the pages and links generally available to the public using a standard internet browser and standard media player, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use (but not for resale or redistribution).
3. Trademark Information: "Chiku" is a trademark and service mark of the Firm. All other trademarks appearing on the Website or Chiku Services are the property of their respective owners. You are not authorized to use the Chiku trademark and service mark in any advertising, publicity or in any other commercial manner without the prior written consent of the Firm, which may be withheld for no or any reason.
4. Editing, Deleting and Modification: We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Website or available through the Chiku Services.
PART IV: MISCELLANEOUS
1. It is made clear and emphasized that the Firm is not a party to any transactions with Merchant Partners, and is not the seller or supplier of any of the Products/goods or services that they make available. Thus we do not have/shall not be liable to bear any of the legal obligations that apply to the sellers of those Products/goods or services. It is also clarified that we seek to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assume any liability or responsibility pertaining to the genuinely and authenticity of the Products and/or the Merchant Partners, for which the Merchant Partners shall be solely responsible and liable.
2. Accordingly, we have no control over and therefore, we assume no liability or responsibility for:
a. the quality, safety, or legality of those Products/goods or services available from Merchant Partners; or
b. whether the Merchant Partners can or will supply and pass good title to any Products/goods or services accessed through Chiku Services.
3. Account holders should exercise no lesser degree of caution in entering into transactions with Merchant Partners than they would when entering into a similar transaction offline.
4. To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with Merchant Partners, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Merchant Partners, or Products/goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Merchant Partners.
5. Misuse: We reserve the right to suspend or terminate any account holders access to the Chiku Services, or parts of it, if in our reasonable view the relevant account holder or account appears to be in breach of any provision of this Agreement.
6. A member's account must be used only for purchases on his/her own behalf, and not on the behalf of, or for the benefit of, any other person(s); An account holder's account must be used only for purchases on his/her own behalf, and not on the behalf of, or for the benefit of, any other person(s).
7. Account holders must not enter into, or attempt to enter into, any transaction with a Merchant Partners (a) by providing personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting a Merchant Partner’s offering, or (c) in breach of any terms and conditions applied by the Firm or the Merchant Partners to that transaction.
8. It is each account holder’s obligation to ensure that any material posted by him/her or associated with his/her account:
a. is not defamatory, offensive, or abusive or of an obscene, indecent or menacing nature;
b. harm minors in any way;
c. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
d. involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
e. impersonates another person;
f. is not intended or likely to cause needless annoyance, inconvenience or distress to any person;
g. does not contain any computer virus, macro virus, Trojan horse, worm, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority, or expropriate any system, data or personal information;
h. does not contravene any applicable law or regulation (including, but not limited to, laws governing consumer protection, distance selling, unfair competition, anti-discrimination, false advertising, copyright, trademark and privacy);
i. does not breach the rights of any person or entity (including any rights or expectations of privacy);
j. where it constitutes feedback on a Merchant Partner, it is accurate and fair; and
k. does not advertise any Products/goods or services and shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in 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.
9. If you see or experience anything on the Chiku Service that appears to infringe any of the above requirements, we would like you to inform us by emailing to us at email@example.com. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:
firstname.lastname@example.org 10. Contact from third parties: If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree: a) to provide all reasonable information and assistance we may require in connection with responding to that contact; and b) to respond promptly and accurately to it, should we pass the message to you for a response.
10. Contact from third parties: If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
a) to provide all reasonable information and assistance we may require in connection with responding to that contact; and b) to respond promptly and accurately to it, should we pass the message to you for a response.
11. Additional services: We or our partners may offer new or additional services through the Chiku Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you on the Chiku Service in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
12. Operation of the Chiku Service: We reserve the right to withdraw, modify or suspend aspects of the Chiku Services, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavor to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the Chiku Services. There may also be times when the Chiku Services becomes inaccessible as a result of technical difficulties experienced by the Firm or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Chiku Services or any of the content that appears on it. Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Chiku Services at the relevant time, are kept to a minimum.
13. Password: For security or other reasons, we may require you to change password or other information which facilitates access to the Chiku Services; however, we will never ask you for your password via email, telephone, or any other means other than through the Website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
a. We shall ensure that the Chiku Services be provided to you with reasonable care and skill with the intention of meeting our specifications for the Chiku Services, but we cannot and do not guarantee that the Chiku Services will meet your requirements.
b. The Firm shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
c. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
(i). For any loss of revenue, business, anticipated savings or profits,
(ii). For any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Chiku Service or other non-performance of this Agreement or otherwise.
(iii). Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
(iv). The Firm, its associates, affiliates and service providers and partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or Chiku Services and that the operation of the Website or the Chiku Services will be error free and/or uninterrupted.
(v). For the avoidance of doubt, Firm will not have liability to you or any other person in respect of material contributed by account holders, transactions (or non-transactions) with Merchant Partners, or any activity or communication relating to such material or transactions.
d. The provisions of this Clause 14 shall survive the termination or expiry of this Agreement.
15. Indemnity: You agree to indemnify the Firm and (as applicable) its parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees (collectively the “Indemnified Parties”) against all liabilities, claims, losses, damages, costs and expenses, demands or actions including reasonable attorney fees asserted against or incurred by Indemnified Parties that may arise out of or in connection with (a) any breach of this Agreement or other documents as posted on the Website by you or through your Account, or (b) any transaction with a Merchant Partner.
16. Nontransferable: Your right to use the Website and the Chiku Services are not transferable. Any password or right given to you to obtain information or a Product from the Website or the Chiku Service is not transferable.
17. Assignment: We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any of our obligations under this Agreement. You may not without the written consent of the Firm assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
18. Entire Agreement: This Agreement is intended to contain your entire agreement with us relating to the Chiku Services; we believe it to be fair and reasonable. It replaces all earlier agreements and understandings with you relating to the Chiku Services.
19. Changes to this Agreement: We reserve the right to change this Agreement from time to time, and post the new version on the Chiku Service. When we do so, we will post the new version of the Agreement on the Chiku Service, and the new version of these terms and conditions will take effect, and will govern the Chiku Service and your relationship with us:
a. commencing no less than thirty days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Chiku Services; or
b. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.
20. General: In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and the Firm are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
21. Governing Law
a. This Agreement, and our relationship with you and each account holder, is governed by the Indian laws.
b. You and we each submit to the exclusive jurisdiction of the Indian courts at Haryana in relation to disputes arising in connection with this Agreement. Keeping this Agreement: We don't separately file the individual Agreements entered into by account holders when they register for the Chiku Services. You can access it at email@example.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
22. Contact: Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, your notices should be sent via email to firstname.lastname@example.org, and we will send our notices to you at the email address you notify to use when you register as an account holder, as changed subsequently in your account details.
23. Links to Other Websites: The Website and Chiku Services may now, or hereafter from time to time, contain links to third-party websites. We do not control, investigate, monitor or check such websites and we are not responsible for the content in or opinions expressed at such websites. The inclusion of a link on the Website does not imply approval or endorsement of the linked website by us. If you decide to leave the Website or Chiku Services and access any third-party websites, you do so at your own risk.
24. Right to Use Material: By uploading or including any material on the Chiku Services, an account holder expressly grants:
a. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the Chiku Services and any other interactive services through which we or our sub-licensee make the Chiku Service (or a service based on the Chiku Service) available; and
b. to other account holders (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Chiku Services (including the material which is contributed by account holders or retailers) are owned by, or licensed to, us. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Chiku Service, or any of the material which is found on the Chiku Services unless properly licensed to do so by us.