The Sites, including the individual images, graphics, text and layout, button icons, audio and video clips, digital downloads, data compilations and software, as well as the compilation of the content displayed on the Sites (the “Content”), is our copyrighted property. INLOYAL and FORYSTA are our registered trademarks. The Cardholder design with Inloyal Logo, POCKET YOUR REWARDS are our trademarks and/or service marks in the India and/or other countries. The names of other companies and products displayed on the Sites are the trademarks of their respective owners. All such trademarks, service marks and logos displayed on the Sites, whether owned by us or various third parties, are referred to herein as the “Trademarks.” Except as otherwise granted in these Terms, nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or Trademarks.
REGISTRATION WITH THE SITE
In order to avail of the general services offered through the Site, you need to be a Registered User. If you wish to register with the Site, you agree to provide us with accurate and complete registration information. It shall be your responsibility to inform us of any changes to that information. Each registration is for a single individual or company only, as the case may be, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all use arising out of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
USE OF THE SITE / USER CONDUCT
You shall not:
- Use the Site or post or modify any Content to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person or entity. You shall not use the Site or post or modify any Content to distribute any information that promotes or contains bigotry, racism, hatred, profanity or obscenity or promotes physical harm.
- Engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the financial details or any private information of any person and use the same to transact on the Site.
- Post any Content that you believe to be false or misleading.
- Use the Site or post any Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material.
- Run any form of auto responder, mail list or spam on the Site or any processes that are run or are activated by yourself.
- Distribute any downloaded file that You know, or reasonably should know, cannot be legally distributed.
- Reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, or redistribute or publish the information and Content provided by us or obtained from us without obtaining our prior express written consent. This restriction includes any attempt to incorporate any information provided by us into any other directory, product, or service.
- Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You will not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- Cache or permit caching by any person.
- Do any act, including without limiting, running internet relay chats or IRC bots, or any other acts that may cause the overload of the servers or which will adversely affect the Site as provided, unless there is an explicit written permission from us to do so.
- Use the Site or post any Content to store and/or display and/or publish any adult content, which without limitation includes all pornography, erotic images, videos and messages, or otherwise lewd or obscene content. The designation of “adult content” is left entirely to our discretion.
- You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
- You agree that you will not take any action that imposes a burden or load on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate to the benefits we obtain from your use of the Site.
- You agree that you will not transmit or otherwise transfer any web pages, data or content found on the Sites to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise.
The shipping method to be utilized for your order of redeemed rewards shall be as chosen by you during the purchase and/or mentioned in the order. In case of item like coupons and vouchers, electronic means like app push notifications, e-mail and SMS shall be undertaken. In cases where physical shipping of goods is involved, the title and risk for all products ordered by you shall pass on to you upon the respective merchant’s shipment to the shipping carrier.
LOYALTY REWARDS & OTHER AUXILIARY BENEFITS
We act as an facilitator for the online posting, distribution and publication of loyalty rewards and other auxiliary benefits, be it reward points, discounts, free items, coupons, deals and other loyalty-based benefits, by the respective merchants of which the customer is a loyal member of and has voluntartily added the respective merchants to his/her list of loyal memberships on the Site. We have no obligation to screen communications or Content in advance and are not responsible for screening or monitoring any material for authenticity as posted by respective merchants. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, we may investigate the allegation and seek clarifications from the respective merchant to respond to the customer’s allegation with an appropriate reply and action. However, We cannot be held responsible for any of the retail merchant partner’s decisions and misactions.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, operability, availability, validity or reliability of Informational Content including rewards information, any sale and offers, coupons, listings, information, promotions, advertisements, advice, comments, ratings, reviews and recommendations contained on, distributed through, or linked, downloaded or accessed from the Site.
Any references made by the Site to any names, marks, products or services of third parties or hypertext links to any third party site or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product, service, advice, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site.
By submitting content to any public or non-public area of the Site, including message boards, forums, contests and chat rooms, you grant us and our affiliates a royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content.
Additional terms and conditions may apply to purchases of goods and services and other uses of portions of these Sites, and you agree to abide by such other terms and conditions. Your use of any software licensed by us through a third party distributor, such as the Apple® iTunes Store®, Google Play™, BlackBerry App World™ or Windows Marketplace®, is governed by the applicable current end user license agreement or other agreement, which is made available through the applicable third party distributor.
The Site and the Content, including editorials, is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Site may be copied or retransmitted without our prior express written permission.
We act as an facilitator for the online posting, distribution and publication of loyalty rewards and other auxiliary benefits, be it reward points, discounts, free items, coupons, deals and other loyalty-based benefits, by the respective merchants of which the customer is a loyal member of and has voluntartily added the respective merchants to his/her list of loyal memberships on the Site. We communicate rewards information, promotions, coupons, deals, messages, advertisements, listings provided and created by partners, merchants, retailers, advertisers, marketers, listing agencies, publishers, users, resellers, third parties and you merely for your information and action and it should not be construed as our recommendation, endorsement, advice or suggestion. We have no control over the accuracy, legality, legitimacy, validity or reliability of any information on the Site, which may also include technical inaccuracies or typographical errors.
We may also facilitate the redemption of your rewards on the Site. We make no representations or warranties as to the quality, suitability, merchantability or availability of any of the products or services available as part of the redemption, sale, offers, coupons, vouchers, products, listings, promotions, advertisements or information on the Site. We shall not be liable for any defect or deficiency in any product or service obtained by acting on the information provided on the Site and all disputes in this regard should be taken up with relevant merchant or partner establishments. We make no guarantee, nor do We take any responsibility for the Content and Merchandise including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Site.
We are in the business of publishing interactive rewards, offers, coupons, messages and discounts information, the information of which is available through the respective merchants, with the motive of driving more exposure, sales and revenues to the respective brands and do not claim any rights or representations by doing so. All brand names, logos, graphics and information are the properties and trademarks of the respective brands and companies. We shall not be held liable for publishing such information, which is available through respective merchants that we have partnered with. However, we shall look into and take necessary action in the event of specific requests by merchants and/or customers for clarification of information.
LINKING TO THIRD PARTY WEBSITES
Links to external Internet sites could be provided within the Site as a matter of convenience to you. The listing of such external site does not imply endorsement of such site by us. We do not make any representations regarding the availability, reliability and performance of the Site or any of the external sites.
If You click on any advertisement banner, sponsor link, or any other external link from or available on the Site, Your browser automatically may direct You to a new browser window that is not hosted or controlled by us and We are not responsible for the content, functionality or technological safety of these external third party links/sites.
LINKING TO THIS SITE
Linking of this Site can be solely undertaken for legal purposes. You may also connect deep links to the Site, i.e., create links to this Site that bypass the home page or other parts of the Site only for legal purposes. You may mirror or frame the home page or any other pages of this Site on any other website or web page provided that such mirroring or framing is not done or undertaken for any commercial benefits. We reserve the right to discontinue the linking at our sole discretion without any prior notification to You.
ANY USE OF THE SITE AND ANY USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, LEGITIMACY, VALIDITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE CONTENT, INFORMATION OR MATERIAL DISPLAYED ON THE SITE. THE SITE, ITS SERVICES, COUPONS, VOUCHERS AND PRODUCTS (INCLUDING ALL CONTENT HEREIN) ARE PROVIDED “AS IS” AND ‘AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND ANY CONTENT HOSTED ON IT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ANY WARRANTIES FOR ANY CONTENT, INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL INLOYAL, FORYSTA VENTURES LTD. NOR ANY OF THEIR RESPECTIVE AFFILIATES, BUSINESS PARTNERS, SUPPLIERS AND PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “INLOYAL”) BE LIABLE TO ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE SITE OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE SITE.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You shall indemnify, defend and hold us and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the Site and/or Content. We reserve the right, at are own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without our prior express written consent.
TERMINATION AND CONSEQUENCES
If you provide us with any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your access to the Site (or any portion thereof). Notwithstanding the above, we may at any point have the right to terminate your access to the Site.
If you have any questions about the rights and restrictions above, or would like to report any inaccuracies or errors, please contact us by email at email@example.com.
The failure of either party to exercise any rights provided for herein shall not be deemed a waiver of any further right hereunder.
GOVERNING LAW AND JURISDICTION